I just started a child custody case here in Michigan. My daughter's father has a vast criminal record that portrays his relationship with alcohol (the reason I left). Although he has not been arrested since I got pregnant, he has started binge drinking every weekend which is also the only time his schedule allows him to see his daughter. I refuse to let him take her when I know he will be drinking and I am uncomfortable letting him take her the day after when I know he's been up drinking all of the previous night. He says that the judge will take this as a demonstration of how unreasonable I am and that his criminal record cannot be used as a factor in the judge's determination. Is this true?
Answer
I assume that you have a lawyer. These are the type of questions you should be asking your lawyer. However, remember, that to win you need evidence. It would be nice to have witnesses who will testify as to his weekend binge drinking. Video would be nice also but is expensive to obtain. Even with evidence, he'll counter that he won't binge drink with the child. Ask for alcohol testing.
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