Legal Question in Family Law in New Jersey

Re: Child Custody if You Drink

I have read what the other lawyer wrote.

If he threatens to hurt you or kill you, he is guilty of domestic violence. You will get him arrested, a temporary restraining order will be entered kicking him out of the house and ordering him away from you, and he may be ordered to pay rent, mortgage, expenses or child support until a full hearing on this. Do NOT let him threaten or hurt you. ever.

You sound like you are clearly headed toward divorce. It would take a lot for a Judge to decide that you, the MOm who has always cared for the kids, should not get custody of them.

Now, don't take this wrong, but let me summarize:

you are in the middle of a divorce.

You and your soon to be ex both probably have a job. You may have a house. you may have savings, pension, credit card bills, and other things to deal with.

you have a child (children), and child support and college tuition needs to be paid. That is measured in tens of thousand of dollars.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the child.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Child Custody if You Drink

It is a matter of what kind of drinking you are doing. A glass of wine with dinner is no big deal. On the other hand, if you get drunk every night there might be a problem.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Child Custody if You Drink

There are many factors in determining custody of children in NJ. From your comments, it seems that despite your husband's allegations of alcohol abuse you seem to function well in performing as a parent. Drinking every night may run the gamut from a glass of wine to falling down drunk.

If you are concerned about addiction issues, then you should seek an alcohol evaluation from a confidential source and confront the problem head on via therapy. Your child's age and ability to articulate their concerns, if any, about your drinking would also play a role.

Domestic Violence is also a factor is custody determination especially if committed in the presence of a child and such threats may play a role if you can prove them. You may want to employ a voice activated tape recorder to show these threats are real.You may also consider counselling on these issues in order to better cope with the eventual demise of your marriage and these custody issues. Best of Luck!

Re: Child Custody if You Drink

First, if you are going through some type of divorce or other legal dispute, you should consult with an attorney in person. Second, a substance abuse evaluation could easily handle this issue.