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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Drinking and Driving While Caring for Children

    My question involves child abuse or neglect in the State of: Alabama

    MY ex husband gets the children every other weekend. The divorce papers state There should no alcohol and/or drinking by any adult in the presence of the minor children.

    When he gets the children he takes them swimming and drinks beer and then drives the children back to is place. His new wife is there drinking to. During the winter he takes to the hunting and drinks and drives the children home. This pattern is increasing and I need to know what I can do to stop it? If I call DHR will they take the complaint seriously? The children are 14 and 7

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Drinking and Driving

    The difficultly that you'll have is proving that he is actually drinking while the kids are around. He's allowed to drink after they are in bed, for example, but proving that he is doing it at someplace such as a pool party while the kids are swimming... And the statements of your children are not enough proof. All your ex would have to say to undermine their testimony is "Your honor, I don't drink in front of my kids. She's making them lie". Unless you have a written statement from your ex saying that he drinks in their presence, video footage, etc., you will have an uphill battle.

    If you can somehow prove his violation of the divorce decree, then you would need to file a peition in court requesting that he be held in contempt and, perhaps, a petition to modify your visitation order. DHR would not get involved in something like this unless the children are in immediate danger.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Drinking and Driving While Caring for Children

    Is there some reason for this provision in the order? For example, are one or both of you alcoholic, or is there a history of drunken behavior, drunk driving, alcohol-fueled domestic violence, or something else along that line? If not, why was the provision included?

  4. #4
    Join Date
    May 2011
    Posts
    2

    Default Re: Drinking and Driving While Caring for Children

    It is in there because of his drinking behavior and his temper when drinking. I had it put in there for safety of my children. I am not the bad guy. He drinks and drives with my children. I want it stopped before he kills one of my children. MY children tell me he's drinking. They know what beer cans and bottles look like. They see him do it.

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