Philadelphia, PA asked in Family Law and Child Custody for Pennsylvania

Q: Ex's new gf has a DUI & open drug possession/paraphernalia charges. Can I modify custody to protect daughter?

Ex and new gf fight constantly in front of daughter in her car and drive around drinking alcohol. She also continuously calls me derogatory names in front of daughter.

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: You can file a petition to modify the terms of your custody order *anytime,* and the court will assess any change in circumstances as it relates to the best interests of your daughter. A past DUI on Dad's new girlfriend's record may have little relevance to custody proceedings, esp. if it's not recent and/or she's never driving your daughter -- but could be very relevance if new girlfriend is doing any transportation of your daughter. Drug charges may be of much more interest to a court, however, esp. if narcotics or opiates.

Belligerent chaos/fighting around your daughter is never good, and certainly not if distracting from safe driving -- and active drinking of alcohol in the car isn't good either. New girlfriend badmouthing you around your daughter is a no-go as well. Sounds like filing a petition to nip all of this troubling behavior in the bud might not be a bad idea. Best of luck to you.

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