Q: Divorced 50/50 custody. Got a drunk driving almost 3 years ago and now he is taking me back to court about this. Can he
What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing happened and I had a sitter. Second time I got a drunk driving. Third time I got a dui. Everything was taken care of in court. I went thru treatment and haven't touched a drop since. Only reason I was drinking was because I was so stressed out with the abuse I was getting from him. I have a great job house of my own. I thought everything was done concerning the drinking issues because we agreed on 50/50 and have been doing ok since. He is mad that he is not getting enough child support and only works a part time job so he may lose his house. I have turned my life around and want only the best for all involved but he keeps taking.me back to court or to the foc.
A: I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to convince a judge that a change of custody is in the child's best interest. If you've otherwise been exercising custody just fine, and otherwise have your life in order since your last DUI conviction, it's hard to see what should change now three years later. If I were the judge - and I think most judges would look at it like this - I'd wonder if your drinking is such an issue, why wasn't he in court asking for this change then instead of now?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.