My wife, who had been sober for the last seven years, began drinking again about five months ago. It has escalated considerably over the last couple of months and she spends more evenings partying than she does at home (About five days a week). She wants a divorce and I'm finally ready to go, but not without my kids, ages two and four.
Admittedly I am part of the problem in agreeing to watch the kids while she goes out, but she has said she will drink at home or will take them with her if I refuse. (Doubt the latter, but...?)
Over the last three weeks she has admitted a lot of crazy behavior : DUI (tho never cited for it) , trading sex for alcohol, been in a fight at a bar (tho the other girl was the one arrested, damn it) ,and fallen off a building. (Tho I suspect some guy beat her up.) I have picked her up on one occasion after she blacked out. She called the next day saying she didn't know where she was, couldn't find the car or her purse.
Obviously I can't leave the kids with her. She's out of it much of the next day, tho she does get up to feed and dress them. Too, I'm terrified that she may leave them to go out and drink , or just as bad, invite these drinking buddies into the house with my kids.
I spoke to CPS and was essentially told that as long as I am there to care for the kids, her behavior is not something they can address. She has to "endanger" them. How's that for a catch-22?
I have tried reasoning with her. She's been a great mom up until these last few months and I would let her have the kids anytime as long as she was sober or not hungover, but she thinks the kids need to be with her. Is a judge likely to feel the same way if I request custody without proof she might endanger them?
So here's my question. What kind of "proof" do I need to ensure I get physical custody of the kids when I leave? Can I tape our conversations? (She is sickeningly open about what she is doing.) Do I have to have photos? I keep hoping she'll get picked up for driving drunk. Would that be enough?
Admittedly I am part of the problem in agreeing to watch the kids while she goes out, but she has said she will drink at home or will take them with her if I refuse. (Doubt the latter, but...?)
Over the last three weeks she has admitted a lot of crazy behavior : DUI (tho never cited for it) , trading sex for alcohol, been in a fight at a bar (tho the other girl was the one arrested, damn it) ,and fallen off a building. (Tho I suspect some guy beat her up.) I have picked her up on one occasion after she blacked out. She called the next day saying she didn't know where she was, couldn't find the car or her purse.
Obviously I can't leave the kids with her. She's out of it much of the next day, tho she does get up to feed and dress them. Too, I'm terrified that she may leave them to go out and drink , or just as bad, invite these drinking buddies into the house with my kids.
I spoke to CPS and was essentially told that as long as I am there to care for the kids, her behavior is not something they can address. She has to "endanger" them. How's that for a catch-22?
I have tried reasoning with her. She's been a great mom up until these last few months and I would let her have the kids anytime as long as she was sober or not hungover, but she thinks the kids need to be with her. Is a judge likely to feel the same way if I request custody without proof she might endanger them?
So here's my question. What kind of "proof" do I need to ensure I get physical custody of the kids when I leave? Can I tape our conversations? (She is sickeningly open about what she is doing.) Do I have to have photos? I keep hoping she'll get picked up for driving drunk. Would that be enough?
