Can I getmy son’s father’svisitation revoked if he was arrested for a DUI with my son in his car?

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Can I getmy son’s father’svisitation revoked if he was arrested for a DUI with my son in his car?

My son’s father was just arrested for DUI with my son in the car. He only has visitation every other weekend. Also, wondering how possible it is for him to get full custody. Our son is 12 and doesn’t like to go over there. His father told him that he’s filing for full custody as soon as his DUI mess gets taken care of. He also got 2 counts of child endangerment when he was arrested.

Asked on September 6, 2011 under Family Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is unlikely that the court would deny any visitation by the father.  The court could order supervised visitation which means that a third person would be present during the father's visitation with your son.  You could file an Order to Show Cause (court form) with the court requesting a modification of visitation and file with it your supporting declaration signed under penalty of perjury stating the facts supporting your request for a modification of visitation.  When an Order to Show Cause is filed with the court, the court will set a date for a hearing on the issues raised in your Order to Show Cause.  When you file your documents with the court, attach a proof of service.  The proof of service verifies the date of mailing of your documents to the father.  You can use a court form proof of service or you can write your own.  If you write your own, it just says that you are over 18 and the attached documents were sent via first class mail unless otherwise specified to ____________ (name and address of father) on __________ (date).  You sign and date at the bottom.  The date you sign should be the same date as the date of mailing and the same date you file your documents with the court.

The court will determine custody and visitation based on the best interests of the child.  There are two types of custody; physical (where the child lives) and legal (making decisions about the child's education, healthcare, etc.).  A court is NOT going to grant full physical custody to the father because the court is not going to remove the child from a mother's home where he is accustomed to living.  Also, considering the father's record of DUI and child endangerment, the court is not going to grant physical custody to him.  The court may grant joint legal custody which means both parents would make decisions about healthcare, education, etc. for your son. 


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