To recap our story, Charles and Donna found their young daughter with her boyfriend after curfew, and a yelling match ensued in front of the family home. When James, the boyfriend, called the police out of fear for an escalating situation, the officers who arrived on scene ended up taking James himself into custody for drugs they found in his vehicle. After the chaos subsides, Brianna runs away from the family home, incurring scratches on her face as she does so. In panic, not knowing where their daughter has gone, Donna and Charles call the police.
The police had already been out to the house once, and no one was in a very good mood when they returned. When they see the abrasions on Brianna’s face, they immediately assume that someone put them there, and mostly based on their prior interaction, they assume that someone is Charles, and they take him into custody. This incident is the final straw for Donna and Charles’ 15-year marriage, which was already on shaky ground. To escape from the growing tension in the house, Donna has been drinking moderately and also having an affair with a coworker, moves that enhanced the tension in the house even further.
It appears that Charles and Donna’s shaky marriage may finally come apart at the seams and her drinking will almost certainly be an issue. There are no hard and fast rules. It is probably no big deal if Donna has a glass or three of wine on the weekends, but it is a big deal if she picks up Brittney from soccer practice after consuming said wine. How does alcohol affect family law proceedings?
Overall, alcohol use in America rose sharply after World War II, peaked in the late 1970s, dropped precipitously through the 80s and 90s, bottomed out in the late 90s, and has stayed at about the same level since then. Alcohol abuse, and this term is loosely defined, comes up frequently in child custody cases, so it is important to know how to deal with the issue.
Credibility Issues
For most judges, credibility is a fragile item. It is difficult to establish and easy to lose. So, almost anything that could impugn a witness’s character may very well affect how the judge views his or her testimony. Furthermore, even moderate drinkers usually have criminal records.
Even if the habit or criminal past does not directly affect the witness’s credibility, it is distracting because the issues are fertile ground for cross-examination, and during direct examination, an attorney must spend time defusing the alcoholism bomb instead of delving into the issues in the case.
All that being said, there are no divorce jury trials in Illinois, and judges are more willing to overlook even moderate alcohol use, so long as it does not affect the children’s safety, than the odd “demon liquor” juror who may have a major issue with any alcohol consumption whatsoever.
Alcohol and Custody
Child custody decisions must be in the best interests of the children. This phrase has no precise definition, and our understanding of what it means changes over time. Nevertheless, in substance abuse situations, best interests usually means considering two factors:
- Child’s Safety: If a parent drinks to the point of unconsciousness, drinks and drives, or goes through personality changes while drinking, there may be safety concerns. These concerns are heightened if the parent has a drug problem because of the potential for violence, overdose, and prison. Heavy smoking could be an issue as well because of the secondhand smoke.
- Parent’s Fitness: To an extent, these two overlap. If Donna drinks so much that she is incapable of caring for Brittany, Charles will be able to use that fact against her.
Even in extreme cases, the judge will probably not sever the ties between an alcoholic parent and a child, although the judge will almost certainly limit visitation or impose restrictions on contact. A subsequent motion to modify may be able to remove these limitations or restrictions.
Alcohol and Divorce
Since Illinois is a no-fault divorce state, alcoholism or the lack thereof has almost no impact on the marriage dissolution itself. However, severe drinking may be an issue in the property division phase, if the drinking spouse spent tens of thousands of dollars on liquor (which is entirely possible), or the marital estate had to pay significant alcohol-related medical expenses or legal costs.
Reach Out to Experienced Attorneys
Alcohol consumption may affect divorce and child custody proceedings. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Thomas Martinsen)