My ex was arrested for DUI and my son was in the car, can I seek full custody and supervised visitation?

Asked almost 2 years ago - Stafford, VA

Since this recent incident I have been afraid for my son to visit with my ex. My ex has a history of being arrested for drunk driving and has a record. I tried talking to him about getting help and he seemed open to it after he told me about the incident( which is how I found out) but now that some time has passed he's back to his old ways and doesn't think he has a problem.

Attorney answers (2)

  1. Mary G. Commander

    Contributor Level 16


    Lawyers agree


    Answered . You can make that request. A more common Order by the court would be that he abstain from the use of alcohol immediately before he has the child and while he has the child with him..

    This response does not create an attorney-client relationship and is intended for general information purposes... more
  2. Michael David Thomas


    Contributor Level 12

    Answered . I would just add to Ms Commander's response, that it is not always a "sure-thing" for you to get supervised visitation, even with his alcohol issue. I think it would be wise to have an "no alcohol" provision added to your custody / visitation order, so that when he violates that then you have grounds to limit his visitation or take it away.

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