Tag Archives: ALCOHOL

What evidence do I need to prove a parent unfit?

Q: What type of evidence is needed in a custody case to show that one parent is unfit? The father does not have any prior arrests. All I have are texts from him talking about his drinking causing problems between us and saying that it was why he acted the way he did. I also have pictures he posted on social media where he punched a wall and broke his hand because he was mad. Is this enough to try for full custody of a baby? (Pittsburgh, PA)

A: No, that is probably not enough to get full custody. Drinking too much and punching holes in walls sounds like 50% of the litigants in Family Division. You need something more extreme, like if he subjects the child or is likely to subject the child to harm. For example, he drives drunk while baby is in the car or he passes out from drinking during visitation, etc.

I have a hearing for my ARD probation violation

Q: I am currently in ARD probation for highest rate DUI. My probation officer is requesting to have me removed for drinking. Would it be possible to petition the court to keep me in the program if i seek help for my alcohol problem? (Verona, PA)

A: It may be possible to stay in the program. You will need to be proactive in addressing your issue by seeking treatment voluntarily, possibly even in patient, and provide written proof of such treatment to the judge. Having a lawyer will help you to determine if your particular situation can be explained to the judge and set you in the right direction regarding treatment.