Old Bridge, NJ asked in DUI / DWI and Family Law for New Jersey

Q: What rights do I have in NJ as residentialparent when ex husband received a DUI, 2nd offense in four years?

My ex husband was arrested for a DUI yesterday. It involved a minor motor vehicle accident and he had his son in the car. We have one daughter together from when we were married, age 8. She was not with him at the time. He has numerous charges for which he has court dates related to this DUI including endangering the welfare of a child. Our divorce decree grants him parenting time midweek and every other weekend. He still

has his license at least until he goes to court. I do not feel safe allowing by him to drive with our daughter in the car or dropping her off alone with him and trusting he won’t drive with her during his parenting time. What can I do to protect her safety in this situation? What rights do I have and does he have?

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2 Lawyer Answers

A: You have no rights unless you assert them by hiring a good family lawyer and try to get your divorce decree changed.

A: This depends on the wording of your MSA. You can seek to alter the considerations of custody.

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