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
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