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Can a criminal charge of vehicular Manslaughter and DUI and continuing to drink during visitation stop visitation?

Lawrenceburg, KY |

If my Ex husband has a criminal charge of vehicular Manslaughter and DUI but continues to drink during his visitation with our child can something be done to stop visitation or make them supervised? He doesn't have a licenses so as of right now he can't drive but my son has witnessed his father in raged and punching walls and doors while drunk and has seen several fights with his dad's girlfriend. I was told I had to continues with the visitations because it was court ordered. But I fear for my child's safety!!

Attorney Answers 4

Posted

Hire a lawyer or file a motion to modify the conditions of his visitation. Do not put your kids in danger.

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Asker

Posted

Can I file a motion without an attorney? I personally can't afford one

Frank Mascagni III

Frank Mascagni III

Posted

You really need an attorney. Contact Legal Aid in your area to assist you. Go online to: www.laslou.org/ The legal Aid Society of Louisville.

Posted

You need to hire a family court attorney in your area to file a motion in Family Court to make the judge aware of these facts and seek relief.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

I don't know about Kentucky law but in California (and it is probably similar there) the facts you report are absolutely grounds for only supervised parenting time. Those facts are also grounds to compel the father to be assessed for alcohol addiction and be forced to attend AA meetings. please see a family law attorney in your area for some help to protect your child.
Good luck
Barbara Peyton

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Posted

Yes, the family court can issue an order prohibiting. You should first talk to social services. A problem in many cases involving alcohol is that alcohol consumption is very difficult to monitor and you don't want children acting as monitors.

Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

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