Asked in Child Custody, Criminal Law and Family Law for Oklahoma

Q: How likely would someone in OK with a pending resisting/public intox charge be taken off monitored child visitations?

My ex and I entered into a temporary visitation agreement. He has is currently supposed to be monitored by his mother to see the kids, but is asking to have the monitored visits lifted. He and his live in girlfriend both were recently arrested for public intox and he was arrested for resisting arrest as well. He has not resolved these issues, is tagged on social media shotgunning beers. Basically there has been no change in his pending charges, just videos of him getting really drunk. What are the chances he would go unmonitored? I am the custodial parent, and he is also having to do a dna test to prove paternity due to my marriage status to someone else my children's whole life.

1 Lawyer Answer
Brian Boeheim
Brian Boeheim
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: The public intoxication charge is the real issue. It shows that he is not capable of controlling his addiction. Having him kept on monitored visitation seems reasonable. I would even suggest supervised visitation might be in order. I think an example of greater self control would be needed before he could successfully argue for a lifting of the monitor.

1 user found this answer helpful

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