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My Husband and I have filed for a divorce. How do we decide who gets her custody of our 7 year old?

My Husband and I have filed for a divorce. How do we decide who gets her custody of our 7 year old?

Full question:

My husband and I have filed for a divorce recently and we have a 7 year old daughter living with us now. I plan to move out of the house we live in. My husband is an alcoholic and I do not want to endanger my daughter’s life by allowing her to stay with him. I’m afraidfor her safety. How do we decide who gets custody and what is the difference between legal and physical custody?

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: National

Answer:

Custody of the child gives parents rights and obligations regarding the care of their children. Custodial issues mostly arise when parents go for divorce and a child custody battle begins. It is always best to obtain qualified legal help in such situations.

There are different types of child custody varying from the legal charge of the child to physical protection given to the child. The following are the types of child custody which can give clarity as to what is a legal or physical custody.

Legal Custody: The legal decisions on matters impacting the child can be taken by the parents who have the legal custody.
Physical Custody: Parents who have physical custody will be allowed to live with the child.
Sole Custody: All decisions affecting the child will be taken by the parent who has sole custody, which includes both physical and legal custody of the child and only visitation rights may be given to the other parent..
Joint Legal Custody: In a circumstances where joint legal custody is given, both parents have the say in decisions that impact the child. If there are differences in opinion between the parents the court’s assistance may be sought for.
Joint Physical Custody: In such situations where the physical custody is given to both the parents and they stay apart, the child can take turns and live with both the parents. Decisions impacting the child will be taken by the parent who has the physical custody at that point of time.

In majority of the cases, the divorce documents will provide detailed description of the kind of child custody each parent will have. This may be decided by the court if the parents are unable to agree on the type of custody that would be feasible for both. But in your case, your husband being an alcoholic, and you are in fact worried about the welfare and safety of the child, you may want to see a local lawyer or lawyer who represents you to fight for sole custody of your daughter.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does alcoholism affect divorce settlement?

Yes, alcoholism can affect divorce settlements. Courts may consider a spouse's alcohol use when determining issues like child custody, alimony, and property division. If one spouse's alcoholism poses a risk to the children or affects their ability to contribute financially, it may influence the court's decisions. It's essential to present evidence of how alcoholism impacts the family dynamics and safety to support your case.

What is the program for families of alcoholics?

Programs for families of alcoholics, such as Al-Anon, provide support for those affected by someone else's drinking. These programs offer a safe space to share experiences, learn coping strategies, and gain understanding of the impact of alcoholism on family members. Participants can connect with others facing similar challenges, which can help in managing stress and fostering healthier relationships.

What happens to the spouse of an alcoholic?

The spouse of an alcoholic may experience emotional, financial, and legal challenges. They might face stress from caregiving, financial instability, and potential custody issues if children are involved. In a divorce, the spouse may seek support through counseling and legal advice to navigate these complexities and protect their interests, especially regarding custody and property division.

What is a support group for family members of alcoholics?

Support groups for family members of alcoholics, such as Al-Anon or Alateen, offer a community for sharing experiences and coping strategies. These groups provide a supportive environment where members can discuss their feelings, learn about alcoholism, and find resources for dealing with the challenges of living with or being related to an alcoholic.

What is the program for spouses of alcoholics?

Programs for spouses of alcoholics, like Al-Anon, focus on providing support and guidance specifically for partners. These programs help spouses understand the effects of alcoholism, develop coping skills, and connect with others in similar situations. Participation can be beneficial for emotional healing and learning how to set boundaries while supporting recovery.