Q: My ex wife got charged with her 2nd OWI with our child in the car. Can I get custody of our child?
A: Child custody determinations are made based on what is in the best interests of the child; however, there are no hard and fast rules as to what would lead to a modification, as much of that is in the discretion of the judge. Based on the circumstances you've described, though, it is clear that the mother is putting your child in danger, and this is something that will lead the court to seriously consider a modification of some sort.
John Mario Acosta Jr. agrees with this answer
A: Based on the information you provided in your question I would agree with Mr. Tyson, you can always file something with the court and see what they order, but he is right no hard and fast rules, the standard is what is in the best interest of the minor child.
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