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Non-Custodial Parent Arrested for DWI

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  • 05-18-2012, 07:32 PM
    whhoknu
    Non-Custodial Parent Arrested for DWI
    My question involves a child custody case from the State of: WA/IL

    Ok well I found out the NCP was arrested for a DWI yesterday (it's online). This is the third incident and he is currently on probation as it is in another county. NOW can I file something since he's leaving a paper trail and it's OBVIOUSLY unsafe for him to have my kids?! :wallbang:
  • 05-18-2012, 07:52 PM
    Dogmatique
    Re: Ncp Arrested for DWI
    Were the kids present at the time?
  • 05-18-2012, 08:01 PM
    whhoknu
    Re: Ncp Arrested for DWI
    Dammit..... no..... but doesn't a pattern of alcohol abuse count for anything?
  • 05-18-2012, 08:07 PM
    Dogmatique
    Re: Ncp Arrested for DWI
    Honestly? No, not really.

    And a DWI does not mean there's alcohol abuse. It means he got in the car after he was drinking - and yes, a non-alcoholic who has a couple of glasses of wine once in a blue moon can get a DWI if s/he gets behind the wheel afterwards.

    You'd have to show that his alcohol use represents a threat to the kids. As in....he was driving drunk with them present, or was passed out drunk and one of them got access to something dangerous, or opened the door and wandered off.

    What do you mean by "dammit"? Isn't it better that the kids were NOT present? I don't understand.

    Please tell me you're not just trying to find any reason at all not to comply with visitation?
  • 05-18-2012, 08:10 PM
    whhoknu
    Re: Ncp Arrested for DWI
    Well of course it's better that they aren't present but this for me represents our history. Even when we were married he would be drunk in the middle of the day (I had to get the kids a babysitter out of the home because of this). He IS an alcoholic and has been in rehab twice and was court ordered to AA I don'tknow how many times now (and it will likely happen again once Missouri process him through the courts)..... there is a pattern and I know because i lived with it.
  • 05-18-2012, 08:18 PM
    LawResearcherMissy
    Re: Ncp Arrested for DWI
    Quote:

    there is a pattern and I know because i lived with it.
    He can get blasted out of his skull as often as he pleases, and it will make no difference to the courts unless the children are proven to be in imminent danger. As Doggie pointed out, that means they'd have to be in the car when he snagged a DWI, or he'd have to be so incapacitated by alcohol that one of the kids got into something they ought not have.

    As things stand, the court is going to be largely unsympathetic to you position, since you obviously found him suitable enough to make little people with in the first place. I know it's not what you want to hear, but reality can be a really harsh mistress some days.
  • 05-18-2012, 09:00 PM
    Dogmatique
    Re: Ncp Arrested for DWI
    Agreed, Missy.

    I suppose I just find it a little troubling that originally it was about Dad allegedly making threads to keep the kids (of which there was no proof), and now this - I can't help but wonder if Mom is looking for a reason not to send the kids. Any reason.

    I hope I'm wrong.
  • 05-18-2012, 09:30 PM
    whhoknu
    Re: Ncp Arrested for DWI
    No it isn't. I had already resigned myself to taking them and I already have a car reserved to go so no. You don't know my whole situation, history etc. You're more than welcome to speculate all you'd like.
  • 05-18-2012, 09:39 PM
    Dogmatique
    Re: Ncp Arrested for DWI
    We don't have to speculate.

    ;)
  • 05-19-2012, 08:39 AM
    LawResearcherMissy
    Re: Ncp Arrested for DWI
    Quote:

    You don't know my whole situation, history etc.
    You know, there really isn't any need to drip snotty on the shoes of the volunteers. We work with the information you give us and the attitude you project, and if the attitude you project gives people the wrong impression such that you feel you need to stomp your little foot and holler "You don't know my life!", you've really no one to blame but yourself.

    Maybe consider in the future not spending so much time publicly seeking to thwart a court order?
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