Can I get exclusive custody of my children due to my husband's alcoholism?

Full question:

I gave up on my marriage after it turned miserable due to my husband being an abusive alcoholic. Now that I filed for divorce, I want to make sure that I get the custody of my children. We have two kids from our marriage aged 5 and 2 years old. Does the law permit me to get exclusive custody of my children because he is an alcoholic?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: California

Answer:

In California, custody decisions focus on the best interests of the children. Both parents have equal rights, and custody is not determined by gender. The court considers:

  • The health, safety, and welfare of the children.
  • The benefits of maintaining frequent contact with both parents.

Custody includes legal custody, which allows a parent to make important decisions about a child's health and education, and physical custody, which refers to where the child lives. Joint custody can be awarded, but it doesn’t always mean equal time with the child.

If a parent has a history of alcohol abuse, the court may be cautious. If it's determined that this parent’s behavior could jeopardize the child's safety, the court may grant full legal and physical custody to the other parent. Each custody case is evaluated individually.

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

Divorcing an alcoholic can be complex. The court may consider the alcohol abuse when determining custody and support. If the alcoholic spouse's behavior poses a risk to the children, it could influence custody decisions. Additionally, property division and alimony may be affected, especially if the alcohol abuse has financial implications. It's important to document any incidents and seek legal advice tailored to your situation.