My question involves a child custody case from the State of: ILLINOIS
My ex husband had a DUI in 2010 and a Misdemeanor, as he was driving drunk with my son in the car. He recently drove drunk and smashed his car right before I dropped my son off at his house. I didn't know he was drunk at first, and when I figured it out, he chased me out of his house and then I saw his car had been smashed. I really didn't know what to do at that split second as he was in his own house, not on the road. His girl friend called me 15 minutes after this incident and begged that I don't go to the police. So I didn't. BIG MISTAKE. He promised the next day he would go to AA or get help. This was in March 2015.
Since that time, the ex has foreclosed on his house, and has been fighting over our visitation schedule. The joint parenting agreement states we have joint custody and we are to exchange "every 7 days". I told him that I have to travel in July for two weeks and asked him to help me figure out our "one week on, one week off" schedule. What he has done, however, is insist that he gets him all four weeks in July (taking him for my weeks) and keep his own weeks without any consideration.
The JPA also states that the parties agree that the involvement and maximum cooperation of both parents is in the minor childs best interest.
He won't answer my phone calls, (which are kept to a minimum and only related to my son)and he won't let my son talk to me on the phone. He won't return my phone calls when I am trying to talk to my son. His child support checks are always two weeks late. He won't supply life insurance information that is required annually.
Bottom line, he is violating the joint parenting agreement. And if I wanted to really get ugly, I should have gone right to the police in March and asked for full custody.
I am considering hiring an attorney to get this straightened out once and for all. How good are my chances if I take him to court? Could his girlfriend be called as a witness that he was drinking and driving? She won't like it but she is mature and reasonable and if she was required to testify, I believe she would tell the truth.
I am tired of fighting with him. Worse yet, I am concerned that he is a lousy father when he is drinking. Do I have a good case? What is my best route?
Thank you, in advance, for any thoughts.