Legal Question in Family Law in New York

Drunk dad

I am divorced with full custody of my three children ages 11,7 and 5. There is no established visitation, its to be worked out amongst us. My exhusband is an alcholic who drinks, stops for a few months and then drinks. When he's fallen off the wagon we normally don't hear from him, but somtimes we do and when he is drunk, I hang up and ignore him. He has been in and out of rehab centers, and in and out of the girls lives. In the past when we first seperated I'd let the girls go and visit, and there were overnights because his mother or current girlfriend were around. His drinking has not improved, and I've discovered that the relationship wit his girlfriend is unstable and abusive. The girls are growing up and they are happy and healthy. I'm concerned about his drinking, he is unstable and I'm concerned to let the girls get to close because they are always disappointed and confused when he drops out of their lives again. This last time (2004) he disappeared for six months, now he's back and working on being sober and again requesting to see the children. I've let him see the girls twice, supervised by me and have told him no overnights at this present time. What are my rights? The girls rights? Is there anything else I need to do?


Asked on 2/03/05, 2:57 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Drunk dad

This is a difficult situation. Your husband may be sincerely trying, but has not been successful and his failures have been disturbing to your children.

I am unclear as to what you want from the legal system. If no visitation order has been in the past, then you control the when/where of visitation. If you say no overnight, then no overnight.

On the other hand, if it comes before a court, then the court is unlikely to restrain him from seeing the children at all.

Your best option is to 'negotiate' a visitation schedule extremely favorable to you and use the legal system as a back-up plan.

You are welcome to a consultation for no fee.

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Answered on 2/03/05, 4:43 pm
richard feldman richard d. feldman

Re: Drunk dad

You must maintain control of visitation and not permit unsupervised visits. If he objects then it should be up to the family court to decide.

You can call me for a free telephone consultation at 516 466 LAWS (5297)

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Answered on 2/03/05, 5:08 pm


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