Zuba & Associates, P.C.

Addressing concerns of irresponsible parenting during a divorce

The divorce process itself can be a source of stress and uncertainty for anyone choosing to end a marriage in Illinois. It will be even more challenging if children are involved and one parent suspects that the other one is acting irresponsibly around them. This is essentially the gist of a story one man shared online that illustrates the potential complications associated with untying the knot for parents. In this particular instance, it's the father who is concerned about his spouse's alcohol abuse around their son.

The spouse in question is also preventing the father from seeing the child and telling him that she wants to delay filing for divorce. Additionally, the father claims his wife does not properly care for the child and he fears that she may be intoxicated while driving with their son. In a family law matter like this, a judge would likely ask to see evidence of irresponsible behavior. Most states have emergency child custody guidelines in place that may be applied to cases of this nature.

The potential problem when circumstances like this are involved is clearly proving alcohol abuse. In a different case where it was the mother making similar allegations against the father, the judge determined that there was no credible evidence. However, the man in that case allegedly drank every day.

During complicated custody battles, an attorney may be able to obtain or collect evidence showing patterns of a parent's irresponsible or erratic behavior. This process often involves interviewing witnesses and, if appropriate, the child. It should be noted that even if one parent insists on delaying a divorce, the other one can opt to file at any time. Doing so may force the other party to be tested if excessive drinking is suspected or evaluated psychologically if compelling evidence is presented.

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