Legal Question in Family Law in Texas

I just learned that my ex husband drinks and stays drunk almost the entire time my 15 year old son is with him for visitation (1st, 3rd, 5th weekends). Do I still have to send him to his dad's or can I refuse based on his drinking problem? My son is old enough to realize that his dad is drunk and also sees him drinking the majority of the day as he does it right in front of him. Just this past visit his dad was refused service of "any more alcohol" by a restaurant manager as they tried to eat out at a local restaurant. My ex is driving my son around in this drunken state and I am very concerned for my son's safety.


Asked on 6/27/11, 8:07 am

1 Answer from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

You need to file an emergency motion and bring these facts to the Court's attantion. They have the option of either restricting his access or entering a permanent injunction providing that your ex cannot drink anything while in possession of the child or within so many hours of acquiring possession of the child. I am a board certified specialist in the field of family law practicing in the Houston area. I would be glad to discuss your options more fully if you would contact me directly at 713-600-5500.

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Answered on 6/27/11, 9:41 am


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