QUESTION

My 11 year old daughter told me that her father was drinking a beer while driving with her in the car. What can I do?

Asked on Jan 02nd, 2019 on Child Custody - Florida
More details to this question:
My 11 year old daughter told me that her father was drinking a beer while driving with her in the car. This is not the first time she mentioned it, but last time I spoke with a lawyer they said there was nothing I could do unless he was caught we drinking with her in the car and that they would t put a child on the stand (she was 8 at the time). He has a record of domestic abuse, theft, and violations of probation due to drugs. What can I do to protect my daughter?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
   I can understand your concerns.  His past record may have some influence on the court- especially the drugs part.  Although you do not have direct proof, the court could appoint a guardian ad litem to interview your child and report to the court.  In certain instances, where the safety of a child is involved, a court may let a child testify, but you need special permission from the court through motions.  If the judge does let your child testify, it would usually be with a guardian present, and without either parent present so the child  does not feel she is tattling on one of her parents.    You can ask the court to have the father take random alcohol tests while he is with the child.  There are several devices on the market that allow immediate testing through the internet.  One is called Soberlink, which you can Google to find out more about it.     There are also other devices that won't let one start a car until they blow into it and the test is clear of alcohol.      This does get a little tricky to navigate without an attorney, but if you want to try, you would have to file a Petition to Modify Timesharing and state clearly what has changed (the child's safety) that would warrant a change in timesharing.  However, in the interim, you could file an Emergency Motion to Suspend Timesharing, and allege exactly what you conveyed in your inquiry.       I hope this helps.      Best of luck,      Cindy S. Vova       Law Offices of Cindy S. Vova, P.A.        Broward/Boca Raton        954-316-3496/561-962-2785     
Answered on Jan 23rd, 2019 at 2:39 PM

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