Going through your divorce can be a scary experience if your spouse is an alcoholic. Under Texas divorce laws, when parents with minor children separate, the courts will prioritize the children’s well-being in deciding custody and visitation arrangements.
Since alcoholism is a serious substance abuse issue that may endanger you and your children’s safety, the judge will consider how your spouse’s addiction can impact their parental judgement and ability to provide a stable environment for your children.
Conservatorship order: How alcoholism can influence court rulings
In Texas, custody is also known as “conservatorship.” This court order establishes each parent’s legal and physical rights towards their children after their divorce. Here are its three main types:
- Joint managing conservator: In this custody arrangement, both parents have decision-making rights over their children’s upbringing. The parents will also share physical custody, with one parent having primary residence.
- Sole managing conservator: In this custody arrangement, one parent will have the exclusive rights over their children’s upbringing decisions and living arrangement.
- Possessory conservator: In this custody arrangement, the non-custodial parent will have legal access to their children but will not have final say on decisions regarding their upbringing.
If your spouse’s alcoholism can negatively affect your children’s welfare and development, the court may award you, the sober parent, with sole managing conservatorship.
However, if your spouse voluntarily goes into rehab, it can show the court their willingness to change and recover from their addiction. Here, your spouse may be awarded with possessory conservatorship that includes supervised visitation arrangements.
Court-ordered protections: When there is violence involved
When your spouse’s alcohol abuse has gone out of control and they become abusive towards you or your children, seek emergency help or request court-ordered protections such as a kick-out order or an ex parte protective order as soon as you can.
In an ex parte order, a judge can enforce a temporary protective order (20 days) for you and your children without notifying your abusive spouse.
You are on the right track
While filing for divorce may seem challenging when there is alcohol abuse involved, your courage to proceed with your case is proof of just how far you will go to protect your children’s best interests. With your loved ones’ support, you can break free from the cycle and seek the life that you truly deserve.