I just filed for divorce. My husband and I agreed to joint custody of our two year old son. But I just found out my husband is in jail for his first DWI. He is not an occasional drinker so how will this affect my case as far as child custody and visitation rights?
Answer
It doesn't necessarily have to affect your joint custody arrangement although obviously while he is in jail he won't be able to exercise his possession periods. When he leaves jail then he will be able to pick up on his regular possession periods.
So the issue here is really whether it is in the best interests of your son for your soon-to-be-ex-husband to have unsupervised, extended possession periods when he gets out. You may need to rethink your agreement and opt for a possession schedule that limits his interactions with your son. It may also be reasonable to consider provisions requiring him to seek treatment for alcoholism to expand his access rights to your son. You can expect that he will not be thrilled with your change in position about the divorce and this may turn into a contested divorce.
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