Can an ex-wife press child endangerment charges if a father admits to having 2 beers over 6 hoursbut consumed a large meal and then drove with child?

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Can an ex-wife press child endangerment charges if a father admits to having 2 beers over 6 hoursbut consumed a large meal and then drove with child?

His ex-wife has been a recovering alcoholic for 20 years. She has denied my husband several times in the past due to her fear that we are drinking around the child. We have gone to court each time and the court has done nothing. Last summer we went to a gathering at and my husband had 2 beers over the course of 6 hours and also a large meal. He was not impaired in any way. Later he drove us all home. His ex-wife found out and has denied him parenting time for about 4 months. She has not been to our house. The ex is demanding 1 year of sobriety out of him before his daughter can come to visit.

Asked on December 15, 2011 under Family Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is an issue wherein your husband is being denied visitation, which is illegal if he custody and visitation order says otherwise and an order of protection against him has not been issued. Your husband needs to file a contempt motion against her and ensure that he has proof of being responsible. 2 beers with a meal over the course of 6 hours is not unreasonable but he may wish to modify his behavior so it doesn't create animosity between the two of them and hurt the children. Bottom line, he needs to protect his right to see his children. If she is overly emotional because of her alcoholism, he can certainly use that against her but only if he wishes to make this a nasty exchange.


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