More details to this question:
husband and wife divorce papers not signed off by judge yet. Husband has been paying 3000 a month for three children, while still attending sports, picking up from school etc. Husband and wife live 2 miles from each other so the kids weren't affected with separation. Recently wife was arrested for dwi, blew .17 after three hours of arrest. Wife has no car to drive, license revoked. Wife refuses to compromise to 50/50 custody and half the amount of monthly payment. Wife doesn't realize how serious her arrest was and the consequences to come. husband now wants to know legal action
1 ANSWER
Trusts and Estates Attorney serving Staten Island, NY
Partner at
Law Offices of Gina-Marie Reitano
1 Award
This is a tricky one because a lot will depend on how much you can prove. The standard for having custody of the children is the children's best interests. If your wife is drinking heavily, that cannot be in their best interests. This particular question would really be fact sensitive - i.e. does your wife have a history of drinking, how old are the children, etc.
Answered on May 12th, 2016 at 5:46 AM
This response is for informational purposes only and is not meant to be legal advice. Every client is urged to speak to a qualified attorney in their jurisdiction.