QUESTION
What evidence do I need to prove alcohol abuse in court on a custody dispute?
Asked on Mar 05th, 2014 on Child Custody - Idaho
More details to this question:
What evidence do I need that would prove to the courts (in a custody dispute) that my husband abuses alcohol. I believe he is an alcoholic, however, he has no criminal record, no DUI's, no missed work, and no run ins with law enforcement. What can I do to prove that he is an excessive drinker? Can you give me a couple of examples of what the court would accept to prove my allegations that he drinks too much to have joint physical custody of our children?
3 ANSWERS
Consider liquor store purchases on credit card/debit card statements, friends and family members who can attest to his drinking, urine testing that goes back 80 hours, or a court-ordered chemical dependency evaluation.
Answered on Mar 10th, 2014 at 11:44 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Firsty, joint physical custody is not at issue, residential time is along with decision making authority. You can describe the behaviors you have observed, e.g. on such and such dates (or general time) I saw him stagger and his speech was slurred. When we lived together he regularly drank x amount of y alcohol every evening after work. In other words what do you base your opinion on. Once you've cited the evidence you have, you can ask the court to have him do an alcohol evaluation and treatment if the evaluation so shows.
Answered on Mar 06th, 2014 at 2:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, you have your testimony regarding how much he drinks. Do you have any friends that can testify to that? Use them. However, without that, I can't think of any way to prove it. Maybe credit card bills at bars, but that would only prove purchase, not that he drank it.
Answered on Mar 06th, 2014 at 1:50 PM