Q: Can a parent keep child custody of they are doing illegal activities?
My girlfriend is in a custody battle with her husband. He was recently granted 3 days a week. I found out even more recently after that, that he drives the kids around without a drivers license or car insurance. With that knowledge which my girlfriend didn't think to mention, would that prevent custody by him? Or what would the benefit be to file a motion if any?
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A: Him not having a driver's licence and driving kids around without that or insurance is not likely a reason for which the court would strip him of his time. However, a court would certainly say that he cannot drive the kids without those thing. Filing a motion asking the court to order that neither party can drive without those things would be a good way to go. If he continues to violate the orders you could take action. She needs to call him out on it it right away and if he just won't stop a court could enter orders tied into no parenting time without providing proof of those things. She should consult with a family law attorney.
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