Legal Question in Family Law in California

What jurisdiction do the courts have over alchohol consumption of custodial pare

Is a custodial parent comsumming alchohol in moderation in front of the minor child controlable by the courts? I was sober for over 15 years and have started having a glass of wine or beer maybe once a week if we are having a meal that alchohol would be complimentary. I don't have any fear that I am abusing alchohol in anyway but my ex-spouse feels that I'm indangering our son by having consumed alchohol around him. Am I? What dose the court do in this type of case. Dad is a recovering alcoholic, heroin, cocain addict. I left him because I found out that he had contracated hepatitis C and was again abusing drugs. No one has been arrested or gotten a ticket for being under the influence. But Dads accusing me of drinking and driving with our son. What can the courts do? what can I do. I don't wan't to be told by him that I can't drink a beer in my own home.


Asked on 9/14/02, 6:33 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: What jurisdiction do the courts have over alchohol consumption of custodial

Moderate consumption of alcohol is not a problems. Having tried some driving under the influence cases, my suggestion is to not drive after drinking, period, no exceptions. If you are stopped, plan on it costing you $10,000, plus possibly custody of your child, the risks just aren't worth the benefit. Moderate consuption when you are not driving or in the home should not be any problem. One beer is fine, but after than everyone has "two beers", and law enfocement and the courts are a bit jaded to that explanation. Good Luck, Pat McCrary

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Answered on 9/16/02, 10:25 am


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