Proving Alcohol Abuse During a Custody Dispute in California

family law attorneysIn California, the family law courts recognize the dangers of alcoholism. Once under its grip, a person can turn from calm and good-natured to violent and dangerous to his/her loved ones. This is why the courts will always hesitate to grant custody or visitation rights to parents whose alcoholism is apparent.

For ex-partners of an alcoholic parent, it is critical that they are able to demonstrate the other person’s addiction in court, There’s many ways you can prove your case to the judge and strengthen the effectiveness of your appeal. Today, we’re looking at the most common ways for people to demonstrate that the ex’s alcoholism is a problem that needs to be weighed by the family law courts.

Establishing the Drinking Problem

The first step is demonstrating that your ex’s alcohol consumption habits are abnormal and/or dangerous. The courts won’t penalize anyone just for drinking: there needs to be an established pattern showing that this behavior is destructive. For example, this can include a history of DUIs and any court-mandated treatments/classes. You can also furnish medical records and financial records to paint a more complete picture for the courts. 

Witness Testimony

Alcoholics often struggle to hide their addiction from others, and witness testimony can be especially effective in establishing that there is a problem. Rely on family members, neighbors, coworkers, and any acquaintances who are familiar with your spouse if they are able to back your claims up in court.

Alcohol Hair Tests

In some cases, your attorney can request that your ex-spouse undergo an EtG hair test. This is a sensitive test that can detect the consumption of alcohol by analyzing a person’s hair. The technology behind these tests is precise and the courts consider these results as reliable indicators of alcoholism. The test can even differentiate between lighter and heavier drinkers.

Get in Touch with a Skilled California Family Law Attorney

Dealing with an alcoholic spouse is a nightmare for many, especially when children are involved. Protect yourself and your loved ones from abusive or violent behavior at the hands of an alcoholic. Reach out to the experienced family law attorneys at R & S Law Group, LLP to learn more about how we can help. 

We offer free initial consultations, so don’t delay in calling our office at (949) 825-5245.