Your ex comes home nearly every night drunk. When you were married and still living together, it wasn’t much of a problem concerning the welfare of your child, since you were there to supervise the situation. Now that you are separated, you’re concerned about the kids being alone with your ex. How can your divorce attorney help you? Here are a few things you may need to know:
• You’ll need a hearing first. Before we get hasty, make sure you are taking into consideration what is necessary to pursue restricted visitation. Will your argument hold water? You will need to be prepared to convince a judge that restricted visitation is in the best interest of the child.
• Your child must be in danger physically, mentally, morally, or emotionally. Yes, you may not like the fact that the father of your child is a loser and spends his free time and money on booze (after all, you aren’t still with him/her for a reason, right?). However, if the judge determines that the children are not in any real danger, you will be throwing away large amounts of money and time spent fruitlessly on pursuing something that an attorney may have advised you not to pursue. If your child is at risk of getting into trouble and possibly hurting himself/herself due to the absence of a sober parent, you may want to consult an attorney regarding requesting restricted visitation.
• You must prove serious endangerment. You may know that your child is unsafe under the care of your ex, but without proof, restricted visitation can be difficult to obtain. If you know for a fact that your children are in danger, you must somehow convince the judge of this. This can be a difficult process if you don’t know what you are doing. Evidence must be brought forth proving that your ex is incapable of providing a safe environment during visitation. Evidence can include anything from medical expert testimony to testimonies from teachers, friends, doctors, etc. This is where a child custody attorney may prove himself to be a valuable resource.
For further information regarding restricted visitation, please feel freel to contact the Law Office of Bradley R. Tengler in Rockford, Illinois at 815-981-4859 for a free consultation.