If my ex goes to jail on her second DUI, can I file for primary custody of my daughter?

UPDATED: Aug 21, 2011

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If my ex goes to jail on her second DUI, can I file for primary custody of my daughter?

Asked on August 21, 2011 Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your former girlfriend or wife has been jailed for her second driving under the influence of alcohol or illegal substance, you can file for primary custody of your daughter. If there is an existing child custody order in effect between you and your "ex", all you need to do is file a petition with the superior court where the action is venued seeking a modification of the existing order and the reasons for such.

If there is no child custody order in effect, then you need to file a petition for one with the superior court where you and your "ex" live. Given the complications for such a petition from an emotional standpoint and the good of the child, it is recommended that you have a family law attorney asisst you in such an endeavor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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