Legal Question in Family Law in California

This is one of those difficult situations in that we hope for the best and prepare for the worst. It is best for you to consult with an attorney in the county where your case exists. That attorney should have a better feel about the judges and the legal system in dealing with alcoholism.

One problem here is knowing the history of the case. We must first focus on your ex. If her alcohol issue was known at the time of your most recent order, then the court is aware and decisions were made accordingly. If this is a new condition, then we have to be careful how we bring it to the court. "He said - She said" does not win a case. It will work well to create a very big mess. By this I mean that you will do better if you have neutral third party proof of her drinking. Unfortunately, best would be he having a DUI or any police interaction where she is drunk and your child is present as well. In that case, a major change of custody, visitation and timeshare will likely follow.

As for the new person, he is not part of your divorce. However, any new orders may have to consider his problem. It may also limit his ability to be with your child or alone with your child. Unfortunately, the system does not generally act on concern alone. Hopefully if a problem arises, it is not too severe. Again, if you want more input, I recommend that you consult with an attorney in your county.