Legal Question in Family Law in Virginia
my daughters boyfriend is an acoholic
they also have a child together. He averages 7 beers a night and a case on the weekends. He becomes very verbally abusive and threatens her. He has black outs and cannot remember his actions the night prior. Presently they have shared custody, she went back with him so they are together at the moment. He threatens her that he will maintain his custody and there is nothing she can do about it.. What recourse does she have. Most of the time he is intoxicated, she does not want to leave the baby alone with him.. how do we prove to the court that he should not have custody? Last nigth he came home he was so intoxicated that she was in fear for her life..It is a sad situation but we don't feel we have the support of the VA court system.
2 Answers from Attorneys
Re: my daughters boyfriend is an acoholic
If your daughter's boyfriend is abusive she should by all means immediately leave him, both for her own and her child's safety. She should also seek legal help as soon as possible. If money is at issue, legal aid organizations should be contacted, and/or a battered woman's shelter.
From a legal standpoint, she should attempt to get custody and supervised visitation for the father. If there is a current order, she would need to seek a modification based on changed circumstances (drinking, abuse) and how it was not in the child's best interest to be with the father in an unsupervised setting. Your daughter would be most likely successful if her case is based upon what is in the best interest of the child, how she offers stability and safety,and how the father presents a danger. Supervised visitation is oftentimes awarded in such situations to reduce the potential risks to the child.
Re: my daughters boyfriend is an acoholic
If your daughter's boyfriend is abusive she should by all means immediately leave him, both for her own and her child's safety. She should also seek legal help as soon as possible. If money is at issue, legal aid organizations should be contacted, and/or a battered woman's shelter.
From a legal standpoint, she should attempt to get custody and supervised visitation for the father. If there is a current order, she would need to seek a modification based on changed circumstances (drinking, abuse) and how it was not in the child's best interest to be with the father in an unsupervised setting. Your daughter would be most likely successful if her case is based upon what is in the best interest of the child, how she offers stability and safety,and how the father presents a danger. Supervised visitation is oftentimes awarded in such situations to reduce the potential risks to the child.
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