DUI and Child custody.

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Latest post 10-02-2006 11:21 AM by OhioCP. 9 replies.
  • 09-29-2006 3:11 PM

    Sad [:(] DUI and Child custody.


    I am a professional with 3 children. I live in Minnesota ad my children live in FL (2 boys age 5 and 1 girl age 6). I won joint parental in our divorce case. I have been dating a woman since the seperation. We are now engaged to be married. I was hoping to move to FL shortly. My ex wife has not allowed my fiancee. It looks like I will be pushed to court.

    The question is as of late it has brought me great grief to go down with her. I decided the other night to have a few before flying down to FL. I was arrested for a DUI. I have not been convcted of it yet. I have an attorney fighting this.

    I missed my scheduled days (3) with the kids, she is now threatening if I push the issue of my soon to be new wife, she will go for sole custody.

    Does she have a case? Help!!


  • 09-29-2006 3:12 PM In reply to

    re: DUI and Child custody.


    Meant to say my ex-wife is not allowing my finacee around the kids.
  • 09-29-2006 4:56 PM In reply to

    Feedback [*=*] re: DUI and Child custody.

    A few things.

    First of all your ex wife does not have to like your fiancee. She really has no basis to say she cannot be around the kids. Unless the decree states specifics on who can pick up the kids, and if a S/O can be present, she has no say in telling you who can and can't be around the kids. Ignore her.

    Secondly, your DUI probably does not have much impact unless you have a history of it. Alot of people get a DUI it does not mean they are bad parents.

    I am confused about your comment to move to FL. You doing that will make it much harder to see your kids. If you move you can pretty much forget about custody but you can still get a visitation schedule set up to see them.
  • 09-29-2006 5:34 PM In reply to

    re: DUI and Child custody.


    Thanks, I am actually moving to be closer to my kids. I was divorced in Florida, however I was living in Dallas TX during the divorce. I let her keep the for the time being. I am also a pilot and was based in Dallas. It was and is very easy for me to get to FL. She dragged the divorce over 3 years. Lost the trial *3days*, then lost the appeal.

    We have actually gotten along fairly well.My fiancee was offered a job in MN which paid very well. I thought I could pull off living in one state, flying out of another, and visiting my kids in FL.

    It is not working. My kids are getting older (6 and 5), and I miss them more and more. Hence the decision to move to FL to be closer.

    Should I just bring my fiancee down? No, there is no stipulation in the decree. I have complete "joint parental responsibility".

    Thanks for your time.

  • 09-29-2006 5:36 PM In reply to

    re: DUI and Child custody.

    I let her keep the apartment. Sorry. I need to edit better before posting.

  • 09-29-2006 6:25 PM In reply to

    re: DUI and Child custody.

    She will need alot more cause than you remarrying to get sole custody. Sounds like she's just pushing your buttons, and trying to control you. You have every right to remarry and there's nothing she can do about it. Unless she can prove your fiancee is a danger to the kids then she not going to get custody changed over it.
  • 09-29-2006 6:50 PM In reply to

    re: DUI and Child custody.

    Thanks for the reply, I was more concerned about my arrest for a recent DUI, however I have hired an attorney, she would like to use that as the bargaining chip. her workds "keep your soon wife to be away from the kids, don't threaten me with court, or I will seek sole custody of the kids since getting a DUI makes you an unfit parent."

  • 09-29-2006 6:58 PM In reply to

    Feedback [*=*] re: DUI and Child custody.

    Keep track of those threats and save them, otherwise ignore her.

    She does not get to tell you what to do.

    Getting a DUI does not necessarily make you an unfit parent however I imagine you are going to have problems with your job if you are a pilot. You will probably be in more hot water with them.

    Most parents dont lose their kids over a DUI.

  • 09-29-2006 7:50 PM In reply to

    re: DUI and Child custody.

    Thanks Olivia.

    Well, I wasn;t flying. I have contacted an FAA attorney. I should be alright. They allow people to slip up, however you do it twice, well then there is some explaining to do, and possible license sanctions.

    Thanks very much for your time. In this dark world or divorce it helps to hear some positive things.

  • 10-02-2006 11:21 AM In reply to

    re: DUI and Child custody.

    Well a NCP moving closer to his/her kiddos is the most positive thing I've read on this board in a long time!! Wish you the best of luck!
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