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

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.

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Attorney answers 2

Posted

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 only. For specific information regarding your case, call my office at 757-533-5400 to schedule a consultation.

Asker

Posted

How would they know if he is abstaining from alcohol use before and while he has the child?

Mary G. Commander

Mary G. Commander

Posted

The court assumes compliance with Orders, but also can have there be alcohol detectors that he has to use at the beginning and end of each visitation.

Asker

Posted

can you explain a little more please, you mean they could have him wear something for alcohol detection or they could place something on the car....?

Mary G. Commander

Mary G. Commander

Posted

You don't wear them. You get a blow into alcohol detector. It reports his Blood Alcohol Content. The car one just keeps the car from starting.

Asker

Posted

Oh! I understand, I didn't know they had something like that. Thankyou so much for your help!

Mary G. Commander

Mary G. Commander

Posted

You're welcome! Good luck with this.

Posted

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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