Legal Question in Family Law in Texas
My husband had had a steady job in the banking industry for 7 years until about 4 months ago. During those 7 years I have been a homemaker, mother, and part-time student. Our family of 4 had relied on his salary, but have since lived off of his liquidated retirement fund, government assistance, and credit.
Shortly after leaving his job, he began waking up and drinking heavily. He ended up in a 5 day hospitalized detox program but refused further treatment, even AA. He has also since gotten a PI. I have found open beer cans in MY car (since he still has not gotten his registered.) He has passed out more than once while caring for our children after promising to stay sober. When he does drink, he becomes aggressive, non-sensicical, and highly obtrusive.
He seems extremely depressed and angry; apathetic, no energy or will, rarely bathes. When awake, he sits at his computer and plays games or looks through Reddit. He will not go to counseling or see a doctor. I cannot rely on or trust him to help with our children (ages 6 and 2,) do anything related to maintaining the household, or to support his family financially. He didn't even stick with trying to recieve unemployment benefits. That lasted a week. I do not qualify for any job that pays over minimum wage, which wouldn't even cover child care.
QUESTIONS:
Can I sign him into rehab against his will?
Is what he is doing now a form of "abandonment?"
Can I have him removed from the home?
Can I sue for child and spousal support?
1 Answer from Attorneys
You might first want to decide whether you want to keep him or get rid of him.
What he is doing is not "abandonment."
You could conceivably have him committed to some kind of rehabilitation program, but don't try this. It's a rabbit trail that you shouldn't go down.
You can file for divorce tomorrow and ask for temporary orders which will award you the temporary exclusive use of the house � he would be ordered to move out by a certain date � and you also asked the Judge to order him to pay you temporary child support and temporary spousal support.
There would be an awkward period of time when you and he would still be living together after he has been served with your pleadings, and he knows that your asking the Court to kick him out of his home.
Plan on paying your lawyer about $5,000.00 up front.
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