Legal Question in Family Law in Virginia

I have a situation with my alcoholic ex-husband. He takes our girls for overnight visits every other weekend, and so far he has not been acting intoxicated. However, today he was with our daughters at their Girl Scout Meeting, and later this evening one of the Troop Leaders called to let me know he reeked of alcohol when he was near her. I was there, too, and both of us said he wasn't acting drunk, otherwise she would have asked him to leave. This leads me to believe he is probably drinking while caring for our daughters. We have a Court date in Jan because he insists on taking the girls to a married friend's house to play with their sons, 8 and 15. They spend the night often, and I believe its inappropriate. I've asked him to stop doing it, he refuses and talks badly about me to our girls, upsetting them. They are 8 and 5 years old. Since I already have a case pending, could I request an Emergency Hearing about his alcohol issue and visitation, since he is supposed to see them again before the Court Date, and I really don't trust him to take the girls anywhere. Also, what proof would I need of his drinking problem? That was the reason we divorced.

Asked on 12/05/10, 7:52 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, not a good idea, based upon the facts you've described (in my opinion).

Better let your concerns on this issue await to be raised at the scheduled

hearing in January.

Answered on 12/10/10, 8:23 pm

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