Drinking and driving


#1

Sorry to say there is not much you can do unless you have proof of evidence that he does drink and drive with the children and has in the past. I tried to prove that my STBX suffered from alcoholism, from witnesses, pictures, and journals, but did not have proof of her driving under the influence with the children.


#2

How old is your daughter, is she old enough that you can give her a cell phone and instruct her not to get in the car with her father if he has been drinking?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My daughter is 12 and she does have a cell phone. My ex has a temper and the kids have told me about these situations previously, but then he gets on their case. He tells the kids “don’t tell your mom because she will try and make me look like the bad parent.” The kids are now hesitant to tell me anything, but then early this morning, my daughter called me up and was really upset. Apparently, my ex has had a female over for the past three nights while the kids have been there and she heard them in the bedroom. I took him to court before for this same thing but with another female. Its in the custody papers that we aren’t to do this with the kids in our care. We have joint custody w/ me being primary. And he’s taking me back to court so he can have more visitation. What can I do to protect my kids physically and emotionally? What are my rights? I am trying to move back home to MI where we are originally from. Both mine and his family are there. What could happen if I did just pack up and go w/ the kids? What could he do? This has been going on 2 1/2 years now and this is having such a negative impact on the kids, ie…bedwetting, physical outbursts, school grades declining…

What are my options? Protective order? emergency full custody?


#4

Before you think about leaving, seek a GOOD attorney and one that has dealt with out of state custody issues. This is a big situation when one parent wants to move out of state. The other parent could be given custody, so again seek legal advise. Research on judges too, ask around how they rule on issues. Get your own evidence if you can without involving the kids, so he can’t put the blame on them. Ask your attorney about hiring a PI to get evidence or do you have witnesses that would come forward for you? You have to decide want you want most, visitation issue or move out of state, then go from there. Remember the courts are slow in NC, at leat in Union County.
Good Luck


#5

The things that you are mentioning make it seem as if the children are not doing well with the current schedule, those facts along with the fact that you might want to move may mean it is time for you to file a motion to modify custody. You should consider an initial consultation with an attorney to discuss the specific facts of your case.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

I have a serious question and no one seems to take me seriously. I am at a loss as what to do now. My ex has a drinking problem and has in the past,had my kids in the car after he’s had a few. I have brought this up in court for custody, butI wasn’t listened to. My ex is quite the talker. My daughter just told me last night that while they were at a Mudcats this past wkend, he had a few beers and drove them all home from Raleigh to Nashville and drove quite fast. This is not the first time and he has tried doing this when we were together, but luckily I was there.
What can I do for someone to listen to me. This is putting my kids in danger. Can someone please help me out.