Greetings. What a terrible situation for all of you. Not only does he not provide financially for the children, but now he is imposing his extremely bad decision making onto the lives of your children.
My first response is that you cannot exclude him from your children’s lives, nor would you honestly want to. I hope that someday he will be able to father properly, but until then, you may want to demand supervised or limited visitaitons. If you have a court order or separation agreement detailing visitation, it is my advice that you immediately file a Motion to Modify Custody to seek supervised visitation until he goes through treatment AND that you be able to request breathalyzer tests with the children.
Finally, my question to you is why does he not pay child support? Contact an attorney or the child support enforcement agency and get this started. You can at least put these funds into an account for the children for college or some other good future need. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.