How to do I prove the non-custodial father unfit?

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Latest post 06-24-2012 10:31 PM by LG81. 3 replies.
  • 06-24-2012 9:27 PM

    How to do I prove the non-custodial father unfit?

    I live about 5 hours from my ex (n-c) I have primary custody of our 2 kids (6 and 8). Right now we are supposed to meet every other weekend with the visitation switching for 7 weeks out of the summer. Ex has criminal history of 3 duis and multiple driving w license rev. in 2010 he rec a level 1 dui (went to court 05/11) was ordered 30 days mand rehab, less than 6mon later he recieved another lev 1 (01/12) He goes to court in july. My children said that he drives them around and Im concerned for their safety bc obviously he doesnt care for the law. He is also in a 14 day rehab right now. He is also not consistent with his visits and only gets them maybe once a month. What can I do?

    Additional information
    He also was on 4 years supervised probation after the 05/11 conviction. We arent sure that the latest dui will be a level 1 but he blew a .20 and was driving with license revoked he had also only waited 18 months since his last one. 

  • 06-24-2012 9:34 PM In reply to

    • Drew
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    • Joined on 03-30-2000
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    Re: How to do I prove the non-custodial father unfit?

    Abuse of drinking does not make him an unfit Dad....but driving w/o license or insurance probably is a big unsafe condition. 

    How does he exercise visitation w/o driving?

    If his license is suspended and he is driving w kids- I'd be fast to call police?

    Ask for supervised visitations until he gets his license and insurance restored??



  • 06-24-2012 9:47 PM In reply to

    Re: How to do I prove the non-custodial father unfit?

    I wasnt aware of the last 2 tickets until he told me that his lawyer thought it was best that he went to rehab for a month, but it turns out it will only be 14 days.  I then did a little digging and discovered his driving record.  His mother or his wife (that has recently kicked him out for his drinking) would come and meet me with to get my children. I asked them if he ever drove them around and they said sure, why?  and he takes us to his friends house and to go swimming.  Im only worried about him driving with them in the car and the fact that he could care less what the law says.  His mother has them right now since its his summer visitation time and I fully trust her with them, just not their father.

     Thank you so much for your advice and I'm planning to set up an appointment with a lawyer, I just wanted to have an idea what my options were for piece of mind.  

  • 06-24-2012 10:31 PM In reply to

    • LG81
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    • Joined on 01-03-2010
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    Re: How to do I prove the non-custodial father unfit?

    mbmann1220:
    I'm planning to set up an appointment with a lawyer, I just wanted to have an idea what my options were for piece of mind.  

    Hiring an attorney for your situation is a very wise thing to do.  That the father seems to have a severe problem with alcohol may not cause the court to deem him unfit (unfortunately, the bar for parenting is pretty low).  Endangering the children if he drives them around when he has been drinking is another story.  Also, if he is drunk enough (without driving) that he cannot care for the children, one would hope that would cause supervised visits to be required.  I would hope that a judge would take his disregard for the law into account but also understand that a judge is limited to the constraints of the law. 

    It is possible the court may require his visits to be supervised until he can demonstrate sobriety.  It is possible the court may stop his visitation rights altogether for a while.  Unfortunately, no one here can really give you peace of mind as to the potential outcomes; hopefully, your attorney will be able to do so.  Please consider trying to meet with an attorney as soon as possible (hopefully tomorrow).  While more permanent orders can take time, there is a chance that you may be able to seek a temporary emergency order that will be in place when he leaves rehab. 

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