Legal Question in Family Law in California
My husband and I have been separated since February due to him being an alcholic. He has gotten worse in the past 2 months where he is doing physical harm to himself by falling, hitting his head, cutting his arm. He has been in and out of the hosiptal at least 3 to 4 times in the past 2 weeks. He refuses to get any help(rehab/detox). He wants to go back to work so he can pay his bills. Yet all he can do is get to the nearest liquor store. I will be loosing my job at the end of August. I need to keep my 8 yr old safe from harms way from him. I need to file a legal separation or start divorce proceedings. What is the best to file? We do have property that I have been making the payments so I can keep a roof over my childs head. Will CA give him custody rights even if he is a danger to the child?
1 Answer from Attorneys
Whether it is better to file for a legal separation or for a dissolution of marriage is a personal question not a legal question. The majority of cases are filed for a dissolution of marriage. Individuals that have religious beliefs that prohibit divorce file for a legal separation to avoid violating that religious belief. In a legal separation you remain married after the judgment is entered.
The court is unlikely to grant him any custodial rights at this time, and should require that visitation, if any is supervised. To support your claim you will need police reports, medical records, and witnesses regarding his excessive drinking. An 8 year old should not be placed in a situation where he may have to care for his drunken father.
You local family court should have a family law clinic to assist you, assuming you cannot afford to retain an attorney. You may also want to consider a limited scope representation by an attorney.
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