Tuesday, May 25, 2010

Does having my license suspended for DWI make me an unfit mother?

My husbands ex confessed to having her license suspended for this, could we get custody of the kids for this?
Answer:
Not very likely unless her drinking can be shown to be habitual and is a threat to the safety and well-being of the children.
Probably not unless the kids were in the car with her at the time.
This instance alone? No, however if there many more like it then it will definitely make your case stronger when you go before the judge in the custody hearing.
It is unlikely that a single instance would be enough to get a court to hear your case. The bar for a forced custody change is set intentionally high to prevent every little issue from coming to court.
if your kids were in the car with you then i say that was a very bad choice on your part, as far as custody, it can play a big part in court. good luck
I'm not a legal expert but I doubt a DWI would be grounds to declare someone an unfit mother. Especially if it was in the past.

Child services is a pain in the *** about most things that could cause someone to lose custody of their children so unless your husband has been contacted by them about it I doubt you'd have much of a chance for just that.
No. Unless the kids were in the car.
No, it doesn't, necessarily, But it doesn't make or put you on a pedestal for a role model.
If this is a problem for her, maybe you and your husband could suggest she get some help rather than pulling her kids out of their home to start over with their new "mommy." OR ...were you already looking to take her kids and this opportunity just popped up?

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