Modify custody agreement/ recent dui

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Latest post Mon, Oct 5 2015 10:34 AM by ca19lawyer2. 4 replies.
  • Fri, Oct 2 2015 6:33 PM

    Modify custody agreement/ recent dui

    Hi and thank you for any advice you may have. My husband and I have been separated since December of 2014. He has a drinking problem. He pushed me while I was four months pregnant with our son. I still have a DVO in place. He pled guilty to "harrasment" and had to wear an ankle monitor for 30 days. His parents told me he had gotten help and was sober for 8 months. Our baby was born in May and until our temporary agreement became official his parents would pick him up and stay the whole time acting as supervisors ( this was a written agreement between our lawyers as well). Our temporary agreement was finalized in August of 2015 until our divorce was settled. He would be allowed to pick up our child every other Thursday and alternating weekends. No alcohol would be allowed by either parties and he neeed to keep in close contact by phone with me (mother) and his parents. I would also like to state also in December of 2014 he was in a very bad car accident and now has a series of serious health issues (frequent blood clots, high blood pressure, he had surgery on his hip which got infected, kidney infections and diverticulitis) and has causes him to be in the hospital on and off for the last year. I'm sure his alcohol and smoking cigarettes did not help. At the end of September 2015 he got arrested less than an hour for a DUI before he was going to pick up our child. I feel as if he is not capable of making any good decisions for the well being of our child and would like to ask for sole custody with supervised visits/ no overnight visits/no driving with our child. His parents have asked that we go back to the old agreement but they have not acknowledged he has an alcohol problem. He is now in the hospital again for his ailments. I asked my lawyer about about sole custody and she said "that won't happen". I am looking to get a new lawyer because I fell like she is not on my side at all and doesn't care. Is it possible to get what I want to ask for in Kentucky?

  • Fri, Oct 2 2015 6:54 PM In reply to

    Re: Modify custody agreement/ recent dui

    Reagan 0515:
    I asked my lawyer about about sole custody and she said "that won't happen". I am looking to get a new lawyer because I fell like she is not on my side at all and doesn't care.

    By all means get a second opinion from another attorney but not being told what you want to hear doesn't mean either of them aren't on your side or don't care.  They know the courts in your area and how the judges tend to rule far better than you do and whether or not what your are asking is likely to be granted.

    Reagan 0515:
    Is it possible to get what I want to ask for in Kentucky?

    ANYTHING is possible but that doesn't mean you will get it.  You certainly have reasons to be concerned but courts are LOATHE to cut a parent out of a child's life so dramatically from the get go.  Even when they have serious problems.  You should be prepared that they may give him quite a few chances to pull it together before you are given sole custody. 

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Fri, Oct 2 2015 7:01 PM In reply to

    • Drew
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    Re: Modify custody agreement/ recent dui

    From what I read as a layman, the system favors both parents to have some role in childs life .......and to some extent Dads problems are not putting children in clear harms way....close but may not be that bad.

    Plus we live in times where alcohol addiction is seen by many as a handicap not a sin. 

    your lawyer may be giving you an honest prediction...better that than one who takes all your money chasing an unrealistic outcome ? 



  • Sat, Oct 3 2015 4:06 PM In reply to

    Re: Modify custody agreement/ recent dui

    In my "non lawyer" opinion, I think your lawyer is likely telling you reality.  From what I read, he just was arrest recently for this DUI.  So, if so, it's unlikely he's gotten his day in court to be guilty or to be found not guilty.

    From the sound of your post, he's probably eventually going to be found guilty.  But that's just guess work.

    And beyond that, you are looking to lessen his role as parent for things that are considered health issues.  

    I think anything is possible, but is it probable?  I do not know, but if your lawyer said "that won't happen" there something to think about.  You can certainly got to another lawyer.  Maybe they will or won't tell you what you want to hear.

    It does seem to me, if your lawyer told you it's not likely to happen, while you can shop it around to find another lawyer to tell you what you want to hear, I personally doubt the outcome is going to be anything more than paying for the next lawyer to come to the exact same result.

    Good luck!

     

  • Mon, Oct 5 2015 10:34 AM In reply to

    Re: Modify custody agreement/ recent dui

    Just because your lawyer tells it like it is doesn't mean she "is not on [your] side [or] doesn't care."  "Sole custody" for the reason you indicated isn't likely.  Supervised visitation is probably far more likely.  That said, you are, of course, free to fire your lawyer and hire a new one or pay for a second opinion.

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