the father of my child has just been convicted of his second DUI in NJ, what rights, do I have?
I am not trying to deny visitation, I just want some input (without contacting my attorney, of course) on what rights I have. Can I deny him visitation if he arrives to pick-up his son in a taxicab, with another person (other than his family), and so forth. How does this affect visitation? How do the courts tend to “look at” the issue? Any information would be wonderful! I am thoroughly disgusted by his actions especially since his son and his job are effected by his decisions and because I have no respect for drinking and driving!
If he is not able to drive then he would have to use a taxi cab, you wouldnt be able to deny him visitation rights becuase he is not driving himself.
If he showed up driving himself and you know he is suspended DL then you would not have to give him visitation at the time becuase he is not legally able to drive.
Do you have proof he drinks with the kids? That it has been a problem infront of the kids? If so then you can get either supervised visits or get mandated treatment program for his drinking, but if you cant prove and I mean prove he does it infront of the kids then you got nothing
The courts are not there just to set up how much money you get each month but to set visitation schedules. you are in no way authorized to deviate from them. You are violating a court order if you do.
Now in the case where he is trying to pick the kids up driving himself and you know he is suspended you need to call the police and let them know what is happeneing that way there is a police report as to why you didnt allow him to take the kids.
If he is not violating the law then you have to let him take the kids
DWI Lawyer in New Jersey – State v. Chun