If arrested and put in jail for 30days for driving with suspended license from a DUI. What happens to my kid?

Asked over 1 year ago - Lebanon, CT

Will dcf be involved? His father is primary parent , could I just have my mother take him? I don't want the father to know what's going on how do I hide it form him? Any info will help!

Attorney answers (3)

  1. Kevin M Black

    Contributor Level 11

    2

    Lawyers agree

    Answered . DCF would not be notified and you can leave child with any responsible party. I would not suggest hiding it as if he finds out he was lied to it would provide further ammunition for a modification of parenting time.

    This is not intended to create an attorney-client relationship. It is absolutely NOT legal advice that you should... more
  2. John Paul Thygerson

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Hire an experienced criminal defense attorney in the area in which your case is pending asap. It may be possible to serve your sentence in 4-5 day increments with judicial approval, as opposed to serving the 30 days all at once. I am not going to address whether you should hide this fact from the child's father, nor can I predict DCF involvement. Your best bet is to hire private counsel immediately.

  3. Brian S Karpe

    Contributor Level 13

    Answered . As Atty Thygerson stated, there are arguments that can be made as to how your sentence can be carried out. However, you indicate that your child's father is the primary parent. From that I take that the father has residential custody. If so, it is less likely that DCF will be involved (although no guarantee). But also given that, unless the father agrees, custody with your mother while you are incarcerated is not an option. As to whether or not to let the father know what is happening, let your conscience be your guide but as was said here, depending on why the father became the primary parent (or given residential custody of your child), this conviction could impact the visitation and custody situation. But also be aware, that if the father files a motion to modify custody or visitation in the family court, the judge is very likely to take all of your actions into account.

    Brian S. Karpe, Esq. (860) 242-2221 Note: This response DOES NOT constitute legal advice and therefore no... more

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