Question:

My alcoholic wife's disease has driven me to seek advice on divorce.

Nothing has been filed yet, but I am increasingly concerned for my children's safety.

If my wife is intoxicated, do I have the legal right to take the children and move them away from her?

Answer:

I am only licensed to practice in Colorado so I cannot provide you with legal advice on divorce, but I can provide you with some general divorce help for men regarding your divorce laws question.

If your wife is intoxicated and is posing a physical or emotional safety risk to your children, it may be appropriate to remove yourself and the children from the home. If the danger level rises to the point where you think you may need assistance, then you should contact your local police department and possibly social services.

In any event, you will want to treat the situation proactively to protect yourself and your children. You do not want to be passive and then also be in the position of possibly having put your children in harm’s way.

There are several options that may be available such as getting a restraining order, living elsewhere or contacting social services for assistance. The situation will depend on the level of risk involved here and your relationship with your wife.

Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce lawyer for divorce advice for men.

To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Boulder Divorce Lawyer Maile Kobayashi, please contact Cordell & Cordell.