Legal Question in Family Law in California
Accusations are NOT being addressed by the court
For two years my daughter has been fighting in court. Her ex is a bartender and an alcoholic and she fears for the children since the divorce. The court does nothing about it and we want to know WHY and are there successful cases that we can cite. The children are two and four and he picks them up and I know he has been drinking. What can I do she wants to know as he is not paying the child support and is over $10,000 behind so she can't keep paying a lawyer forever.
3 Answers from Attorneys
Re: Accusations are NOT being addressed by the court
1. Regarding past due child support, an enforcement action needs to be done.
2. Regarding his picking up the children while drunk. I suggest calling the police to report him driving while under the influence and public intoxication. However, before doing this, you better make sure he is drunk or smells of alcohol.
3. To get the court to know the details that you claim they don't know. Texas uses an attorney ad litem to represent the children's interests. Usually costs are split between the parties. I know in Texas the larger counties use them, however, some smaller counties won't appoint them.
If you live in the Houston area and are not already represented by counsel, I offer a free consultation.
Best of luck to you.
Fran Brochstein
713-847-6000
Re: Accusations are NOT being addressed by the court
His status as an alcoholic is not something in and of itself that will cause him to lose custody of his children. However, if you have videotape of him showing up obviously drunk to get his children, putting them in his car and driving away, THEN you'd have something the courts can't ignore. In other words, you need proof that he is endangering or neglecting the children with his drinking.
If he is behind on child support payments, call your local District Attorney's office. They will review the child support order to see if you are getting enough money, and enforce that order as to support (including unpaid back support) and/or health insurance for your child.
Re: Accusations are NOT being addressed by the court
In your case the accusations are most likly not being addressed by the court because the court may not be informed good enough. The courts usual main concern is the well-being of the children. You may have gone about informing the court the wrong way.
Please call us at Herreman Law Center and we will give you a free consultation. (909) 247-0057