Good Divorce Lawyers Near Me: Can I Get Full Custody if My Ex Is an Alcohol?

It’s a heart-wrenching question many parents face: “My ex is an disorder. Will I get full custody of my child?” Concern for your child’s safety and well-being is paramount, and navigating the legal system can feel overwhelming. This article will help you understand your rights and the legal framework for child custody in India, especially when a parent struggles with alcohol abuse. We will simplify complex legal topics and provide a clear roadmap to protect your child’s future. If you are searching for good divorce lawyers near me, this guide will serve as a crucial first step.

Good Divorce Lawyers Near Me: Understanding Child Custody under Indian Law

In India, the welfare of the child is the primary consideration in any custody matter. This principle is reflected in several laws, including the Guardians and Wards Act, 1890, and personal laws such as the Hindu Minority and Guardianship Act, 1956. While alcoholism is not automatically disqualifying, courts consider it seriously, especially when it affects a child’s safety or emotional well-being.

Courts typically assess:

• The severity and frequency of the alcohol abuse
• The impact on the parent’s ability to care for the child
• Stability and safety of the home environment
• The child’s wishes, if of mature age

Alcoholism can provide a strong argument for seeking full custody, directly affecting the child’s welfare. Consulting a child custody lawyer is crucial to present a well-supported case.

1. Common Problems Faced by Parents

• Violence or Neglect During Intoxication

If your ex becomes violent or neglects the child while under the influence, immediate safety is a priority. Filing for an injunction or protective order is necessary. A domestic violence lawyer can guide you under the Protection of Women from Domestic Violence Act, 2005, creating strong evidence for custody proceedings.

• Financial Irresponsibility

A parent with harmful use disorder may mismanage finances, affecting the child’s future. Courts can order maintenance and child support. A child custody lawyer or property dispute lawyer can help ensure funds are used for the child’s welfare rather than substance abuse.

• Emotional Trauma and Legal Delays

Children exposed to alcohol abuse often experience emotional distress. Delays due to lack of proper documentation or legal guidance can worsen the situation. Engaging good divorce lawyers near me and seeking divorce consultation near me ensures timely action.

2. Practical Steps to Take

• Document the Alcohol Abuse
  Keep detailed records of incidents, photos, videos, messages, and police reports.
• Seek Professional Help
  Consult a divorce consultation near me or a child custody lawyer to understand legal options.
• File for Custody
  Submit a petition under the Guardians and Wards Act, 1890 or the relevant personal law. Evidence of alcoholism will strengthen your case.
• Emergency or Interim Custody Orders
  If immediate danger exists, petition the court for temporary custody to protect your child while the case progresses.

3. Legal Remedies and Actions

• Full Custody Petition: File under the relevant law depending on religion and jurisdiction.
• Restraining Orders: If domestic violence occurs, seek protection under the Domestic Violence Act, 2005.
• Supervised Visitation: Courts may allow visitation under supervision for the alcoholic parent.
• Financial Security: Consult a property dispute lawyer if financial abuse occurs, or a corporate lawyer near me if business or shared assets are involved.

Timelines: Custody cases usually take 3–6 months, but complex cases may extend to 1–2 years. Proper documentation and legal support are essential.

Documentation Tips: Birth certificates, school records, medical reports, police FIRs, affidavits, and evidence of home stability are crucial.

Things to Avoid & When to Seek Help

• Do not use the child as a pawn; courts focus on the child’s welfare.
• Avoid making false allegations; stick to verifiable facts.
• Do not deny visitation without court approval; instead, seek supervised visitation if necessary.
• Do not delay; timely action is crucial.
• Engage good divorce lawyers near me and divorce consultation near me to handle your case effectively.

Conclusion: Protecting Your Child Starts with Legal Awareness

Navigating a custody battle with an disorder ex is emotionally and legally challenging. Alcoholism can be a strong factor for granting full custody, but the court’s decision always prioritises the child’s welfare. Document evidence, seek professional legal guidance, and act strategically. Good divorce lawyers near me can help secure a safer future for your child.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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