If you are concerned about your child being in the car with him, that can be dealt with accordingly, however, that is more along the lines of physical custody. Even if you have sole legal custody in PA, it doesn't prevent dad from driving with the child, UNLESS, the judge orders it, or unless the parties agree. That being said, you have a much greater chance of accomplishing what you are looking to accomplish if you have an attorney helping you along the way. The fact that dad has 2 prior DUI's is certainly not going to work in his favor. I would suggest meeting with a family law attorney asap to discuss how to handle the situation. I live in the Pottstown area, but work at a firm in Reading. If you would like to set up a consultation, my contact info is below.
Charles A. Rick, Esq.
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I don't want to make this overly complicated, but I think I know what you are asking, but I am not sure. There are many types of custody that you need to understand. First is legal custody, whic is the power to make major decisions in the child's life, such as medical, educational and religious issues. The other general type of custody is physical custody - which divides time between parents who have the child.
If what you are seeking is sole legal and physical custody, based on your concerns, I would think it would be difficult to make a case. However, physical custody can be evaluated with consideration of a parent's substance abuse. A lawyer could be helpful in presenting your concerns to a court in establishing a custody order.
Information provided is based on what is presented and should not be considered as legal advice, nor does this answer imply any attorney-client relationship.