My ex drove drunk with our son in the car! What could happen?

Genevieve - posted on 08/08/2011 ( 5 moms have responded )

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My son's dad got an OUIL (operating while under the influence) with our 3 year old son in the car at 2am in May. This is his 2nd offense as he had his first OUIL in 2007.

We have temporary joint custody/parenting time, and I want to know how this will effect our continuing custody battle. I didn't want to take my son's dad out of his life but I just don't feel he's safe any longer. Anyone know anything about this? I can't afford a lawyer's advice at the moment.

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Fonda - posted on 01/23/2013

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Hi, Im new to this site but my 10 year old daughter just told me last week that her dad drinks a lot of beers at dinner at a bar/restaurant and then drives her and his girlfriends 3 kids home. He hasn't been pulled over yet but my daughter says he does this 2 times a week because they belong to this hotel/bar/restaurant/pool club type place and so they dine there often. Is her testimony enough for me to keep me from returning her and/or request supervised visits?

Thanks

Pam - posted on 08/17/2011

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What? If this is his second offense, why in the world did you give him a second chance to have your child without supervision? I would alert the courts of his convictions and as to have a temporary hearing on taking away his joint physical and legal custody and awarding your sole custody of your child with supervised visitation. you might be able to go to your local Department of Family & childrens services for assistance and make them do a case plan for the father of your child and do his visitation through them. he shouldn't be allowed to drive a car while he has the child with him.

Christy - posted on 08/17/2011

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You should be able to get the attorney general in your state in on this. If not act as your own lawyer. That's insane. What would happen if he drove drunk w/ your child again, and they were in a wreck? He needs limited or supervised visits. No judge in their right mind, based soley on this information, would continue to allow him to be a part of your child's life w/o supervision.

Jenni - posted on 08/09/2011

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Have you looked into legal aid? If you're struggling financially you may qualify for a legal aid lawyer, free of charge.

I could possibly foresee and would push for supervised visitations. That IS scary. I would not trust my child's father with the safety of the children if he is doing such irresponsible things. He should NOT be drinking at all while caring for the children. Let alone driving with them while under the influence! At 2am no less!

Michelle - posted on 08/08/2011

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I don't foresee a judge taking away visitation but I think you can strongly push for supervised visits and this conviction will definitely help your case

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