It is common for parents to go after each other by accusing to the other of being an “alcoholic” because they don’t agree with their drinking, or they are trying to obtain the upper hand. However, when one parent really does have a serious problem with alcohol, then it is important to discuss with your Oklahoma child custody attorney your options in requesting a change in custody.
We discuss various aspects of this issue, including who must prove what, the evidence, and the basic element you must show in a child custody modification request.
Burden of Proof
First, many litigants are confused about who has to prove what when filing for a change in custody. Having an experience child custody attorney helps immensely — they are able to keep you informed of everything during the case and the important information to include in forms, pleadings, and in a hearing.
When a parent requests a change in custody based on the other parents’ drinking habit, many believe it is up to the alcoholic parent to disprove their drinking habits. This is not true. If a party is accusing another party of something that would produce a legal outcome, that party bringing the claim forward must prove it.
If you believe your ex-spouse to be an alcoholic, make sure to keep detailed records. We will discuss what to note and how to note it later. The burden of proof is on the party that requests the custody change.
Evidence
Often, alcoholics are private people, they are able to hide their illness well. Other times, family and friends see the harm the person is doing to themselves and their children. Depending on how obvious your ex-spouses’ drinking is, you still want to make sure to gather all evidence showing poor choices when it comes it consuming alcoholic beverages.
Evidence can include text messages, e-mails, phone calls at odd hours, receipts, photos, medical history, testimony from doctors, family, friends, teachers, any person that has witnessed the party’s behavior while intoxicated, among others. This list is not inclusive.
Testimony of witnesses will be important, because often without them, it is difficult to show an issue with alcoholism. Many times alcoholics surround themselves with people that are either heavy drinkers or people that will explain away their behavior.
Questioning the credibility of the witnesses that testify on the other parent’s behalf is important. Your child custody attorney will determine the relationships of the witnesses, exactly how long they have known each other, any vendettas against the parent bringing the case, etc.
Gathering this evidence so your attorney can properly construct a pattern of your ex-spouses alcohol problem will assist in meeting your burden of proof.
Substantial Change in Circumstances
The major element that you must prove when asking for a custody modification is a substantial change in circumstances that necessitates a change in custody and that were unknown at the time that the original custody order was made.
Thus, if the court already knew that the other parent had an alcohol problem at the time of the original order, then it is not admissible in the current custody modification request.
If you were not aware of the alcohol problem at the time of the original order then it is very possible to secure an order of modification. An addiction problem can be detrimental, enough that it significantly affects your child. This can be grounds for a custody modification that your child custody attorney can help you file.
Free Consultation with a Tulsa Divorce Lawyer
If you fear your ex-spouse is abusing alcohol and your child is being negatively affected by the effects, you need to contact a child custody attorney immediately in order to request a custody modification hearing.
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For a free confidential consultation, call now: 918-924-5526.
