Custody of minor child after multiple DUI convictions

by Anonymous

My ex has had 2 DUI convictions and multiple violations of probation and community control during the last 3 years. I have finally filed for temporary sole custody of my child and go to see the judge tomorrow. She has also been found indigent by the courts and has been unemployed for at least 6 months, as well as just getting divorced again.


Me and my wife now have no criminal history and I have been working for the USPS for 14 years; my wife is the emergency dept director and CCRN at our local hospital. My ex has had primary physical custody for the last 8 years with me having visitation weekly. My child support payments have always been ontime. So does anyone think I have a good chance of getting sole custody ???

Anonymous Dad

Real Divorce Comments:

Dear Dad,
It is good to see a dad stepping up and taking an active role in his child's life, especially when there could be a danger for his child. You can go to court and represent yourself (see the Real-Divorce sitemap for a list of pages about DIY divorce paperwork and child custody issues like restraining orders) or use legal counsel (see Real-Divorce attorney page) for this family court issue. Make sure you use the Avvo Box to get your legal and child custody questions answered (it's free and requires only a minute or two to set up an Avvo account and ask your question, then real divorce or family attorneys will email you back with answers), get free consults using your yellow pages, as well as get information from your local courthouse. Call the court directly and quickly, and see what they say is the process for your particular situation.

Where I live (in NJ), we have DYFS, or the Division of Youth and Family Services, which may have to be involved also. For instance, each time you suspect your ex is drunk or you smell it on her breath, you could call DYFS (or whatever agency does the same thing) AND the police to document the drunken incidents and build a case for yourself. Obviously, you want to take every precaution you can to ensure your child is not with a drunk driver. Maybe this means asking for only supervised visitations for your ex wife, until she proves that she is clean. And, like I said, then there is the documenting in the future.

On a personal note, if the situation is as you say, I hope you get the custody you are seeking! It would make SENSE for a child to live with a parent that is a non-user. Good luck to you and your family as you adjust to this new situation. Please update us on how things go for you!

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