Legal Question in Family Law in Minnesota

My daughter's father has a drinking problem with some questionable behavioral problems. I recently found out that he has gotten another DUI and I am worried about my child's well being when she is in his custody. What are my rights in order to protect her from his drinking and behavioral issues?


Asked on 1/15/13, 4:21 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. The problem you describe is quite common in my work as a family law attorney. Nearly one third of American adults are said to drink alcohol at levels that put them at risk of chemical dependency. Prescription medicines are a huge problem and said to be a major overlooked problem in chemical dependency. And then there are all sorts of illegal drugs (and illegally obtained drugs) being used by people. Chemical dependency and mental health issues more likely than not go hand in hand. The National Institute of Mental Health estimate that over one quarter of Americans suffer from a diagnosable mental illness (mental disorder) each year. The numbers of persons showing up at Twelve Step programs such as Alcoholics Anonymous ('A.A.') and Narcotics Anonymous ('N.A.') desparate for help (or, court-ordered to be present) have never been higher. I myself definitely support the Twelve Step programs and Twelve Step members who are earnestly seeking recovery.

There are a multitude of measures one can take to protect children from a parent's alcohol use or other chemical use, and related (or unrelated) mental health issues or other nonspecified behavior issues. Action may be taken on an immediate and emergency basis.

I would urge you to confer with an attorney knowledgeable in chemical dependency and alcohol and mental health issues with no delay whatsoever. The parent who has need to assert his/her rights needs to take care that he/she does not behave in a manner that may be inappropriate, or that may be perceived as inappropriate.

One issue I occasionally see is that of a parent who feels unsure whether or not the circumstances are 'serious enough'. Another issue for a parent may be whether or not the situation is of an emergency nature.

If someone is in imminent danger, certainly phone 911 and otherwise act reasonably for the situation.

Chemical dependency issues are extremely difficult ones, so I urge you to seek out help, and, please, do not delay.

In selecting an attorney for help, I urge you to make many phone calls to attorneys, because it is so very important that you feel a sense of great trust and safety with the attorney. There are ways an attorney can help you in a limited manner so as to minimize your legal expense while providing you with high quality help. I myself often assist people in a limited manner.

I wish the best to you and your family, and, again, urge you to seek help with no delay.

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Answered on 1/15/13, 6:58 pm


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