Legal Question in Family Law in Minnesota
alcohol
my wife drinks day and night and now I moved out and her mother moved in. I smelled alcohol on her breath when I picked up my child. I informed her parents and in writing her mom answered back with'' I gave her a breathalyzer and she blew a .000, perhaps it was mouth wash you smelled'' Would that be something I could bring to a social worker for further investagation? She also has been in the psych ward on a 72 hr hold. are these usable to retain custody of my child?
3 Answers from Attorneys
Re: alcohol
Those can be valid reasons to retain custody of your child. You should consult a family law attorney about this as soon as possible as it will not be an easy fight.
Re: alcohol
In general, you want to keep social workers out of your life. With only the information you have presented, I would recommend you petition for divorce and bring a motion for temporary relief to attempt to obtain custody. It's tough as a guy to get custody, but indeed it does happen once in awhile.
Re: alcohol
Certainly abuse of alcohol can be a very important issue in any custody proceding. However, the scent of alcohol does not have much of oan impact if the person is not introxicated and the intoxication is not affecting care of the child. It is not an issue for child protection or social workers.
Generally, in any custody proceeding, the court looks at all relevant factors to determine what is in the child's best interests. This is far more complicated than simply looking at one isolated incident or issue. You would be wise to consult with counsel.
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