QUESTION
Will live-in fiance's DUI affect my losing primary physical custody of my child?
Asked on Oct 01st, 2014 on Child Custody - Pennsylvania
More details to this question:
My fiance was convicted of a second DUI (first one was 5 years ago), served 90 days with work release and is on 60 days house arrest now. I have primary physical custody of my child and have had so since divorce 4 years ago. My fiance has completed drug and alcohol outpatient counseling. The child was not with us, nor did my fiance drink when she was around. The offense happened 9 months ago and he has not had a drink since. I just received papers in the mail that my ex is suing me for primary physical custody. I'm freaking out to say the least.
2 ANSWERS
It may and I am certain it will come up. You need an attorney.
Answered on Oct 02nd, 2014 at 11:14 AM
3 Awards
Don't get freaked out by it. Most courts in today's world are understanding of the human condition. Even if she was a parent, getting a DUI should not result in a change of custody. It would be an entirely different story if there was evidence she drove the children while intoxicated. You may want to develop a strategy with your attorney before the hearing so you can assure the judge that the children are safe-we call it a safety plan. For example, my fiance, a) cannot drive the children unless I am present, b) cannot drink inside the house or in front of the children, c) is being screened by the court and is in rehab, etc. If you institute this now, it will show the judge that even though the fiance may have a problem, you are on top of it and are proactive in addressing it.
Answered on Oct 02nd, 2014 at 9:16 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900