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Can a parent obtain full custody of the children if they fear for the child’s safety?

Can a parent obtain full custody of the children if they fear for the child’s safety?

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: 04/07/2025
State: California

Answer:

Every judge who evaluates a custody case in the state of California considers the best interests of the children in the marriage before they reach a conclusion how parents will share time with the children. To begin with, both parents are given equal rights and are not given any preference based on the sex. Courts takes the following two factors into consideration in deciding the custody:

the health, safety, and welfare of children, and
the benefits children get from frequent contact with both parents.

Courts in California also take into consideration wishes of the children who are mature enough to make an intelligent choice.

Custody consists of both legal custody and physical custody. The former refers to a parent’s authority to participate in major decisions affecting a child’s health, education, and welfare and the latter refers to the child’s physical presence with a parent. Joint physical custody means that each parent has significant periods of physical custody, but not necessarily an equal amount of time with the child. A judge awarding joint legal custody may or may not also order joint physical custody, and parents may agree to joint legal custody without agreeing to equal, or even approximately equal, physical custody.

The judges are especially cautious while deciding the custody of a child when a parent is a convict, a sexual offender, a drug addict or an alcoholic. If the court is convinced that giving custody to the parent with a such a history jeopardizes the safety, they may grant full legal and physical custody to the other parent. The custody of a child is always decided on a case to case basis.

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

What happens when you divorce an alcoholic?

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.

How do you prove alcoholism in a divorce?

Proving alcoholism in a divorce can involve various forms of evidence. This may include medical records, police reports, or witness testimonies about the spouse's drinking habits. Additionally, evidence of behavior changes, such as neglect or endangerment to children, can be relevant. Consulting with a lawyer can help you gather the necessary documentation to support your case.

What are the 4 types of wives of alcoholics?

The four types of wives of alcoholics often include: 1) The enabler, who covers for the alcoholic's behavior; 2) The caretaker, who takes on the responsibility of managing the household; 3) The codependent, who derives self-worth from the alcoholic's recovery; and 4) The detached spouse, who emotionally distances themselves. Understanding these roles can help in addressing issues during a divorce.

Is alcohol abuse grounds for divorce?

Yes, alcohol abuse can be grounds for divorce. In many states, including California, habitual alcohol abuse can be cited as a reason for divorce, especially if it affects the marriage's stability or the well-being of children. Documentation of the abuse can strengthen your case. Consulting with a legal professional can provide guidance on how to proceed.

Does alcoholism affect alimony?

Yes, alcoholism can affect alimony decisions. If one spouse's alcohol abuse impacts their ability to earn income or manage finances, it may influence the amount and duration of alimony awarded. Courts consider various factors, including the length of the marriage and the financial situation of both parties. Legal advice can help clarify how this might apply in your case.

Does alcoholism affect divorce settlement?

Alcoholism can impact divorce settlements, particularly in asset division and support payments. If one spouse's alcoholism leads to financial instability or misconduct, it may affect how assets are divided. Courts may also consider the impact of alcohol abuse on child custody arrangements. It's advisable to discuss your situation with a lawyer to understand the implications.