Are Courts Still Reluctant To Grant Sole Custody To Fathers?

My wife is an alcoholic. I want to leave her, but I’m worried that I won’t get custody of our kids. Are the courts still reluctant to grant sole custody to fathers?

By John J. Gilligan
March 05, 2015

John J. Gilligan, a family lawyer in Long Beach, answers:

Courts grant custody to the party who is best able to care for the children, regardless of gender. If your wife is an alcoholic who is not in recovery, depending upon the evidence presented at your trial, the courts won’t grant her custody because her alcohol use could endanger the children. Therefore, if you present evidence showing that her alcoholism makes it difficult or impossible to care for the children, the court will grant you primary physical custody. The court will likely give the mother an opportunity to rehabilitate herself and will review the custody situation once she has obtained a history of sobriety.

John Gilligan is a founding partner at the family law firm offices of Brandmeyer Gilligan Dockstader & Davidson, LLP in Long Beach, CA. John has over 30 years of experience handling family law, probate litigation and estate planning matters. He can be reached directly at 562-431-2000 or thru email. View their firm online profile here.

Back To Top

March 05, 2015
Categories:  Child Custody|FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.