Can my husband divorce me and take my child based on his opinion I drink too much?

I'm a stay at hone mom and my husband works a lot! I have no criminal history, never gotten a DUI and I get my son to school everyday and after school. My son and I go to dinner a couple times a week and yes I drink wine but i don't drive us home - we live in NYC so restaurants and taxis are a way of life!

So if i file for divorce can he get custody of my kid be taken away from me. I also drink wine at home at night but he's never in harm and he follows his nightly schedule.

I'd love to divorce my absentee husband but not if it means he can get custody of my child.

Any advice?Can my husband divorce me and take my child based on his opinion I drink too much?
That is not the only way to get primary custody. Mothers who are very abusive toward the child and father get custody simply because they know how to play the game. It is interesting that you blame him for working a lot to make it possible for you to be a stay at home mom in this economy.
I don't think you would lose custody based on what yu have just told us. You would have to be a full fledgeded alcoholic, who either mentally or physically abuses or neglects the child. And then it would have to be proven in court. Think of it this way, if you drink to much, then why does your husband leave the child alone with you at all? He's using it as a scare tactic to keep you with him.Can my husband divorce me and take my child based on his opinion I drink too much?
Highly unlikely, since you mentioned that there are no factual evidence to prove that you have committed a detrimental act against your child or husband while intoxicated. Also, as long as you can prove that you are a more fit parent than your husband, then child custody is yours to lose. The fact that you're more present and are more able to answer the needs of your child than your husband should help your case.
based on his opinion, not usually.

based on a judge's opinion, quite possibly.Can my husband divorce me and take my child based on his opinion I drink too much?
Unless he can *prove* you have a drinking problem, you should be fine.
based on what you said, it could go either way except for the fact that the father is not always there, what you need to do it contact a lawyer and see what your rights are, each state is different and i know that in the state of georgia who ever files first and ask for temp custody until court usually get primary custody , it happen to a Friend of mine, she left her husband and moved in with her bf her husband came over to get the children for a weekend and went straight to the lawyers office and drew up the papers first and he did not even have to bring the children back it took her 4 years after the divorce to get the children back and she only did so because he has had 3 more with his second wife and could not afford them all, a lawyer is the best one to answer all your question, can he say you drink to much, sure, but how does he prove it, drunks sometimes show up at school function smelling of booze, they have dui's, there are a lot of way to prove someone a drunk if they are but it is hard to prove someone a drunk if all there is, is a few glasses of wine
I wonder why he is an "absentee father"? Both of U can not sit @ home and do nothing! That only works for 1 person in a family! And it sounds like that person is U! he has to go to work to support U and his son! If he didn't do that, I am sure U are the type that would ***** about that as well!



Let me tell U something! A father can sue for custody (and win) over anything! Same as a mother can! If U want to divorce him, then U need to accept the fact that, chances are, he is going to get 50/50 custody! Simply because that is what the courts are seeing! They are FINALLY starting to understand that kids need BOTH parents in their lives! Ans they are ruling in that! So, U will not get 100% custody of ur son! Ur best hope would b to get 60/40 w/U having Physical Custody (where ur son lives w/U)! So, unless ur hubby is a raging drug user or a pedophile..U are not going to get 100% custody!