QUESTION
What can I do if my ex drinks and drives with my children in the vehicle?
Asked on Apr 01st, 2013 on Child Custody - Illinois
More details to this question:
My older son told me that his dad, my ex, often drinks and drives with my 10 year old in the vehicle, and recently was very intoxicated while driving her around. We have joint legal and physical custody of her. He has a history of DUIs but hasn't been caught drunk driving with the kids. What can I do?
8 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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File for a modification and let the court know what is happening. You can request a 730 evaluation where the court appoints a psychologist to evaluate both parties and child and them files a report with the court making recommendation about custody and visitation.
Answered on Apr 02nd, 2013 at 6:24 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Dear parent, If the father of your children is drinking and driving with the children in the car then you can seek help from the court, even if you don't have direct proof because, if nothing else, the court may believe your testimony over his. You can seek to modify your custody arrangement and possibly have his visitation suspended until he has sought help and the court is convinced he is no longer a danger to the children. You will probably want to seek to counsel to help you navigate this process.
Answered on Apr 02nd, 2013 at 6:23 AM
John Arthur Smitten
File for an emergency motion and hearing with the judge.
Answered on Apr 02nd, 2013 at 1:36 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File a motion for modification of child custody ask mediator to interview children. Ask court to order him to wear a SCRAM bracelet or have supervised visitation
Answered on Apr 01st, 2013 at 2:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can move to change custody based on the danger to your children. Ask the court to have your ex- subjected to UAs. It is difficult with young children to testify, but you might get the court to allow you to have a blow machine when your ex- picks up the children. If he blows any alcohol, you would be entitled to keep the children from him.
Answered on Apr 01st, 2013 at 2:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get and attorney and seek an order he cannot drink and drive with the children in the car. Also, you can refuse to allow visitation id he shows up drunk and wants to take the children, in that case call the police.
Answered on Apr 01st, 2013 at 2:10 PM
We need to petition the court to modify and/or restrict visitation and request drug and alcohol treatment.
Answered on Apr 01st, 2013 at 2:09 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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File a motion to modify the order. You might even want to do it on an emergency basis.
Answered on Apr 01st, 2013 at 2:09 PM