Huge step forward

Thread Tools
 
Old 06-25-2019, 12:50 PM
  # 1 (permalink)  
Member
Thread Starter
 
Join Date: Feb 2019
Posts: 223
Huge step forward

As you may know I filed a motion to change custody with my XAH because he is actively drinking. He was sort of letting me breathalyze him for visits but half the time he was drunk and always he was a jerk about it.

I was asking for no overnights until I could get him on soberlink and then monitored visits. Then soberlink for his visits, which were two nights a week.

He was a total jerk yesterday, calling constantly, hiding from the process server, etc. Today he was cowering, ready to agree to whatever.

Then we got in front of the judge who gave me full custody, two weekday visits on soberlink but no overnights, orders 5 AA meetings a week, and if he can do that with no positive readings for 6 months he can get one night back per week. It’s permanent order unless he wants to go through the custody mediator, and they will make a recommendation.

I cried at the counsel table. I have been so scared that I was playing all my cards so if I lost my kid would be in danger. But the court totally got it.

So, just a positive note to all of you like me that are scared to leave an alcoholic because of sharing your kid (as I was). Sometimes the court gets it right, and you can have your own, healthy life while also being able to protect your littles.

I have never been more relieved in my life.

DiggingForFire is offline  
Old 06-25-2019, 12:56 PM
  # 2 (permalink)  
Life is good
 
Join Date: Apr 2018
Posts: 4,036




Sometimes the court gets it right, and you can have your own, healthy life while also being able to protect your littles.

I have never been more relieved in my life.



Congratulations and thank you for the update.
Mango212 is offline  
Old 06-25-2019, 12:57 PM
  # 3 (permalink)  
Member
 
Join Date: May 2018
Posts: 296
Originally Posted by DiggingForFire View Post
As you may know I filed a motion to change custody with my XAH because he is actively drinking. He was sort of letting me breathalyze him for visits but half the time he was drunk and always he was a jerk about it.

I was asking for no overnights until I could get him on soberlink and then monitored visits. Then soberlink for his visits, which were two nights a week.

He was a total jerk yesterday, calling constantly, hiding from the process server, etc. Today he was cowering, ready to agree to whatever.

Then we got in front of the judge who gave me full custody, two weekday visits on soberlink but no overnights, orders 5 AA meetings a week, and if he can do that with no positive readings for 6 months he can get one night back per week. It’s permanent order unless he wants to go through the custody mediator, and they will make a recommendation.

I cried at the counsel table. I have been so scared that I was playing all my cards so if I lost my kid would be in danger. But the court totally got it.

So, just a positive note to all of you like me that are scared to leave an alcoholic because of sharing your kid (as I was). Sometimes the court gets it right, and you can have your own, healthy life while also being able to protect your littles.

I have never been more relieved in my life.

Unfortunately the courts screwed up with me. Although he's a self confessed alcoholic he did AA for a couple months and got 3 nights pw on condition he doesn't drink round kids. Apparently we have to be seen to giving him a chance to get sober. Once parenting order was finalised he quit AA cos he now knows how to manage his drinking. Now he's back drinking, probably worse than before cos he doesn't have to hide it from me.

And the end of the day it comes down to the judge. Mine was a Pollyanna...

I've no idea if he's drinking round the kids. I'd be bloody stupid to think he wasn't. When I catch him at it he'll have breached the parenting order and he might get a fine.
Milano58 is offline  
Old 06-25-2019, 01:07 PM
  # 4 (permalink)  
Life is good
 
Join Date: Apr 2018
Posts: 4,036
Milano,

Protection of our kids is vitally important. It's good to see you have the stipulation of not drinking when he has the kids. Working with certain agencies who have experience with these things may provide assistance in clarifying this and support for you. What happens if you simply trust your gut and don't allow a visit? Would your ex be required to take a breathalyzer at the police station for a certain amount of days, etc. ?
Mango212 is offline  
Old 06-25-2019, 02:24 PM
  # 5 (permalink)  
Member
Thread Starter
 
Join Date: Feb 2019
Posts: 223
Originally Posted by Milano58 View Post
I've no idea if he's drinking round the kids. I'd be bloody stupid to think he wasn't. When I catch him at it he'll have breached the parenting order and he might get a fine.
i’m sorry you’re dealing with that. When we first finalize the divorce, he was in recovery and I did not think I had enough to insist on no overnight visits, so he and I made an agreement they gave him some custody. But where I am, there’s basically no such thing as a final custody order, so if things change you can always ask for a change. I didn’t go back to court until it was clear that I had given him a chance, he wasn’t sober, and it wasn’t safe. If I had tried right out the gate I suspect I would’ve been similarly disappointed.
DiggingForFire is offline  
Old 06-25-2019, 02:37 PM
  # 6 (permalink)  
Member
 
Join Date: Mar 2017
Posts: 1,618
Originally Posted by DiggingForFire View Post
As you may know I filed a motion to change custody with my XAH because he is actively drinking. He was sort of letting me breathalyze him for visits but half the time he was drunk and always he was a jerk about it.

I was asking for no overnights until I could get him on soberlink and then monitored visits. Then soberlink for his visits, which were two nights a week.

He was a total jerk yesterday, calling constantly, hiding from the process server, etc. Today he was cowering, ready to agree to whatever.

Then we got in front of the judge who gave me full custody, two weekday visits on soberlink but no overnights, orders 5 AA meetings a week, and if he can do that with no positive readings for 6 months he can get one night back per week. It’s permanent order unless he wants to go through the custody mediator, and they will make a recommendation.

I cried at the counsel table. I have been so scared that I was playing all my cards so if I lost my kid would be in danger. But the court totally got it.

So, just a positive note to all of you like me that are scared to leave an alcoholic because of sharing your kid (as I was). Sometimes the court gets it right, and you can have your own, healthy life while also being able to protect your littles.

I have never been more relieved in my life.

That's fantastic! That's the best possible outcome. (And I'm glad to see that there's the possibility of getting overnights if he complies - not because I really want him to have overnights, but because having it in the order short-circuits any attempts he might make to have the order overturned because it's too harsh, cuts him out of his kids' life, etc - there's a clear pathway that he can follow to get more time with his kids if he chooses).

I'm sure your own documentation and meticulous record-keeping played a big role in the court's decision to restrict his access to the kids. Well done!
Sasha1972 is offline  
Old 06-25-2019, 04:51 PM
  # 7 (permalink)  
Skipper
 
Join Date: Sep 2010
Location: South Texas, USA
Posts: 827
Whew!! What a relief!
skippernlilg is offline  
Old 06-25-2019, 05:28 PM
  # 8 (permalink)  
Member
 
trailmix's Avatar
 
Join Date: Nov 2016
Posts: 8,639
That is great dff - I'm happy for you. I know it's still not over and it will still be a battle on some fronts but this really is a great thing. Your patience has paid off.
trailmix is online now  
Old 06-25-2019, 07:00 PM
  # 9 (permalink)  
Member
 
Join Date: May 2018
Posts: 296
Originally Posted by Mango212 View Post
Milano,

Protection of our kids is vitally important. It's good to see you have the stipulation of not drinking when he has the kids. Working with certain agencies who have experience with these things may provide assistance in clarifying this and support for you. What happens if you simply trust your gut and don't allow a visit? Would your ex be required to take a breathalyzer at the police station for a certain amount of days, etc. ?
If he shows up drunk at handovers I'll slam the door in his face. If he doesn't like it I'll call the police and they will breathalyze him and he'll be told to bugger off. It's highly unlikely... But then him ever touching a drop again was also highly unlikely... Duh.

The schools are aware of the situation. If any parent rocked up smelling of alcohol or acting drunk the children would be removed from the situation and the police would be called. Sadly I'm not the only parent at our school going through this. A teacher must watch him sign the kids out too. Just to be sure. Unfortunately his enabler was the very person who told the courts she would know if he was skipping AA or drinking again. Now they're in a 'relationship' and they're drinking together she is no longer.. Never was.. Trustworthy.

I live close by and I do the odd drive by. I'm hoping to make more friends in the community so we can all keep an eye out for the kids.

In the meantime I have an uncanny feeling that his current enabler will be responsible for his death. I have no idea why. Anytime she comes to mind.. I just know she's responsible. I'm listening to my gut this time. I wish I'd been doing it all along....
Milano58 is offline  
Old 06-25-2019, 09:44 PM
  # 10 (permalink)  
Member
 
LovePeaceSushi's Avatar
 
Join Date: Sep 2017
Location: Southern US
Posts: 510
DFF, that's is awesome news!!!! I know you'll be sleeping with a smile on your face tonight.
LovePeaceSushi is offline  
Old 06-26-2019, 06:22 AM
  # 11 (permalink)  
Member
 
hopeful4's Avatar
 
Join Date: May 2010
Location: USA
Posts: 13,560
This is great news! Now you deserve some R&R!!!!
hopeful4 is offline  
Old 07-22-2019, 12:31 PM
  # 12 (permalink)  
Member
Thread Starter
 
Join Date: Feb 2019
Posts: 223
Hi All, I just wanted to update this thread as a point of hope for those of us dealing with the custody issues with an alcoholic.

I got a temporary order of full custody, with the soberlink for XAH’s parenting time. The orders said that if he did not fight it, it would become permanent and then after six months he could get one overnight per week back if he had zero positive results on soberlink in that whole time.

we had our custody evaluation today, which was a necessary step for him to challenge the order, and he spun all the stories he usually does, how his life is being ruined by not seeing his daughter more, how he is sober (other than when he calls a sip or two of his girlfriends wine here or there) that he is going to be tested but he needs to have his overnights. He also threw out the fact that I used to drink with him ( True enough before we had a child, but never like him) and how hard he has been working. He also threw out his lame excuse about the fact that he was drinking so much because he worked so hard. ( I worked 3/4 time while he worked full-time, and I did everything else for both the house and the kid. I’m sure getting out of bed every morning was such a trial for him.)

she saw through it, told him there was no chance he was going to get his overnights back right now, at which point he decided it wasn’t worth it if I the order anymore. So he signed off on the temporary order becoming permanent, and I am officially the sole custodial parent. I am so unbelievably relieved.

on the way out the door, he tells the mediator he is in a new domestic relationship, and plans to request 50% custody when he can. He likes to say this, I assume because it makes me insane. I told him I was sure he would marry his latest girlfriend of eight weeks before the end of the year, and I would see him in court when he was ready to try to fight me for 50-50.

he cried at me for the 15 minutes before we got called, so I would not let him wait in the same room with me while we were waiting for the custody evaluator to write up the stipulation. For once in my life when he was full of tears and begging me to help him, I didn’t feel the slightest bit bad for him, because he wrought all of this by endangering my kid.

DiggingForFire is offline  
Old 07-22-2019, 01:36 PM
  # 13 (permalink)  
Community Greeter
 
dandylion's Avatar
 
Join Date: Aug 2011
Posts: 16,246
Digging......Congratulations! And good for you for fighting the hard fight!

E almost giggled at the arguments that he threw at the custody evaluator. She must have seen this kind of crap about a million times. He sounds, to me, like a puffed up paper tiger...lol....

I know that your descriptions of this battle of yours is of great inspiration and comfort to the many people who read these threads...who are going through the exhausting and scary custody battles, themselves...

Thank you for taking the time to share your experiences!
dandylion is offline  
Old 07-22-2019, 01:46 PM
  # 14 (permalink)  
Member
 
Join Date: Aug 2015
Location: Western US
Posts: 9,009
So good to hear Digging although I'm also sorry that this man is continuing to self destruct.

I would think courts would get pretty good at dealing with drunks as they do seem to run up against the law quite a bit but I suppose there are plenty of court folks who don't get alcoholism. Ugh.
Bekindalways is online now  
Old 07-22-2019, 01:47 PM
  # 15 (permalink)  
Member
 
AnvilheadII's Avatar
 
Join Date: Feb 2013
Location: W Washington
Posts: 11,589
so in the course of ONE meeting, of maybe 2 hours he went from:

1) crying like a baby
2) lying like a rug
3) sounding like an IRS robocall, full of bluff and threats

and....
So he signed off on the temporary order becoming permanent, and I am officially the sole custodial parent.
to.......
tells the mediator he is in a new domestic relationship, and plans to request 50% custody when he can.

also in the same meeting? isn't that kind of impressive? in a total ass-hattian kind of way? it takes a lot of effort to be three different people at once!
AnvilheadII is offline  
Old 07-22-2019, 02:40 PM
  # 16 (permalink)  
Member
Thread Starter
 
Join Date: Feb 2019
Posts: 223
LOL Anvil. Yes, he is a one man stage show. I am so used to the different characters he plays I honestly didn’t even see it as a particularly noteworthy performance. Lies, tears, blaming me, saying he’s awesome but being killed by all this, rolling over and then twirling his mustache with an “I’ll be back!” before waltzing out with a twirl of his cape.
DiggingForFire is offline  
Old 07-22-2019, 07:50 PM
  # 17 (permalink)  
Member
 
Join Date: Aug 2015
Location: Western US
Posts: 9,009
Originally Posted by DiggingForFire View Post
LOL Anvil. Yes, he is a one man stage show. I am so used to the different characters he plays I honestly didn’t even see it as a particularly noteworthy performance. Lies, tears, blaming me, saying he’s awesome but being killed by all this, rolling over and then twirling his mustache with an “I’ll be back!” before waltzing out with a twirl of his cape.
It is very very sad and too funny all at once . . . .no wonder we get a bit nuts in relationships with them.
Bekindalways is online now  
Old 07-23-2019, 12:54 PM
  # 18 (permalink)  
Member
 
hopeful4's Avatar
 
Join Date: May 2010
Location: USA
Posts: 13,560
Sounds like he was pulling out all the stops!!! Great job, I am so happy your order became permanent!

Good Stuff!
hopeful4 is offline  
Old 07-23-2019, 02:41 PM
  # 19 (permalink)  
Member
 
Join Date: Mar 2017
Posts: 1,618
I think I've said this before, but OMG we really did marry the same person ... scenery-chewing dramatics, fantasies of 50/50 parenting when he can't pass SoberLink, new gf of eight weeks who's redefining the term "fiancee", thinks he's the smartest person in the room but the mediator has his number. Check, check, check and check.
Sasha1972 is offline  
Old 07-23-2019, 04:16 PM
  # 20 (permalink)  
Member
Thread Starter
 
Join Date: Feb 2019
Posts: 223
Originally Posted by Sasha1972 View Post
I think I've said this before, but OMG we really did marry the same person ... scenery-chewing dramatics, fantasies of 50/50 parenting when he can't pass SoberLink, new gf of eight weeks who's redefining the term "fiancee", thinks he's the smartest person in the room but the mediator has his number. Check, check, check and check.
Yeah. I just hope mine doesn’t escalate to death threats before his body gives out. Did yours ever admit he was drinking? Mine still insists that he wasn’t drunk any of those times and it was all either a Listerine or a bad breathalyzer. His commitments to the story would almost convince the person who hadnt smelled the vodka on his breath.
DiggingForFire is offline  

Currently Active Users Viewing this Thread: 1 (0 members and 1 guests)
 
Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off





All times are GMT -7. The time now is 08:42 PM.