Q: Legal rights to protect child after DUI by custodial parent's partner?
I have joint custody with my daughter's father in Georgia, but I am the custodial parent. My daughter was not in the car when his girlfriend, who drove his police car while intoxicated, was arrested for DUI and open container violation with her daughter in the car. My daughter has told me that they frequently drink heavily and go out in public while intoxicated. Her father is a Sheriff Deputy. What legal rights or actions can I take to ensure my daughter's safety and well-being in this situation?
A:
You have every right to be concerned and I advise you take action as this relates to health and safety. You need to reach out to your family lawyer and craft a plan to address and ensure the child is not being cared for in a negligent manner, as the DUI shows is happening.
It is routine for a parents arrest to trigger changes in custody, but it all depends on the other variables existing in the relationship to determine what path is gonna happen. The Courts prefer you negotiate the changes yourself, but they will absoltuely step in if you are not getting the relief you want.
A: If you do not have a court order that addresses your child being driven by the father's spouse, then the only thing you can do to prevent that from happening is go back to court to have the court address that issue. The court can order that the spouse not be able to drive your minor child, but unless an order specifically addresses that, she cannot be prohibited from driving her around.
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