Child visitation issues...

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  #1  
Old 07-01-10, 07:10 PM
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Child visitation issues...

Greetings Everyone...

I have a strong suspicion that my children's father is driving under a suspended driver's license due to a recent DWI. Do I legally have a right withhold their riding with him upon pick-up?? Or more importantly, how do I find out if his DL is suspended...The attorney general will not offer a strait answer(nothing new)...any advice is greatly appreciated!
 
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  #2  
Old 07-02-10, 03:22 AM
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I suspect you could get in legal trouble if you just refuse to release the kids based on a suspicion. Short of talking to an attorney you might try asking questions to whatever local authority handles children's rights and protection.
 
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Old 07-02-10, 04:32 AM
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Driving under a suspended license isn't dangerous in itself. The problem he has with DWI is. You need to determine if you want to punish him by not allowing him access to his kids, or if you are truly concerned about their safety. Don't rush to a conclusion on that statement. Be honest with yourself.
As Marksr said, a call to your local DFCS can clear the air. If they suspect he is endangering the children, they can make a recommendation to the court.
If he is caught driving under a suspended license, he can be arrested and the children will be transported to DFCS anyway, so be proactive with them on it.
 
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Old 07-02-10, 05:53 AM
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I agree, ask yourself if it really makes any difference to the children's safety if his license is suspended.
Are you using this as a way of punishing your husband or are you genuinely concerned?

It would be better to determine if he has been consuming alcohol when he has picked up the kids or drinks while they are with them.
Kids are normally pretty honest about these things.
 
  #5  
Old 07-02-10, 07:56 AM
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Greetings back to you . . .

I agree w/ advice offered by others.

From your OP, there is no way of knowing if “strong suspicions” are based on fact, or even grounded in reality. The world would’ve ended at least 20 times in my life if I had believed everything others have to say. Some people operate from hearsay, rumor, or innuendo in order to form their suspicions or beliefs, or to undermine someone they dislike. Fortunately, our founding fathers understood that citizens should not be persecuted on the basis of unsubstantiated claims, and developed a system of governance and laws that require evidentiary fact before depriving someone of their constitutional rights. The reference to the “attorney general will not offer a strait answer (nothing new)” implies that person is not persuaded by convincing evidence in this case, or in other matters you’ve brought to that person’s attention.

If a separated or ex-spouse showed-up to drive the kids somewhere, and it was evident that person’s abilities were impaired by alcohol, drugs, or a mental condition, I wouldn’t hesitate, for the sake of the children’s safety, to call the cops if that person was unyielding in their attempt to drive away. If the problem exists in reality, I think this is the best way to stop it in its track. Again, make sure your motives are genuine as you could find the table turns if found to be making repeated false accusations as these can become the basis for an action by your ex to have the children removed from your custody as it may cause a court to question your emotional stability and soundness of mind.

How long has your ex supposedly had an alcohol problem? You should think about whether any of your actions or habits are contributing to it. If it existed before marriage, then one might wonder why you married him.
 
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Old 07-02-10, 10:21 AM
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When he shows up to pick-up the children, call the local authorities and have them check his dl, simple as that. if it is good then the kids can ride, if it isn't, then the kids stay with you and he more than likely will go to jail.

Good luck and have a great day
 
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Old 07-03-10, 08:45 PM
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I don't think you have to call the cops.

Simply ask to see the driver's license first, and the registration and proof of insurance too if required by your state.

If these basic documents aren't provided, I think it would be eminently reasonable not to allow a child to ride in that vehicle with that driver.

I'd offer your ex your own driver's license, registration and proof of insurance for him to examine first as a gesture of good faith. And be prepared to offer it when you pick up the kid from him.

As a further gesture of good faith, I'd notify your ex in advance that you need to see these documents so he is prepared with them, even though he should have them in order as a matter of routine.
 
  #8  
Old 07-03-10, 10:26 PM
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Simply ask to see the driver's license first, and the registration and proof of insurance too if required by your state.

Just because someone has a license in their possesion, doesn't mean that it is valid, In the words of the late great Ronald Reagan " trust but verify"

Good luck and have a great day
 
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