My ex was recently charged with his third OWI and blew twice the legal limit while driving without a license on probation for his 2nd OWI and no insurance, and drug paraphernalia. We have joint custody and I am wondering if this is grounds to modify our stipulation?
I can prove he does not utilize his time with our children and I do not feel comfortable continuing our visits unless his problems are under control.
He probably looking at serving at least 30 days in jail on the third offense. If his probation is revoked on the second offense, then the original sentence in that case could be imposed. That could mean additional time in jail or prison depending on sentence in that case. If he is sent to prison on the third offense, he could be transferred to an OWI offender program. That would probably be 180 days. If he is sentenced to prison without the offender program, then he is looking at several months before he could be paroled on a five-year sentence. That may be enough to modify the custody arrangements at least for the period where he is incarcerated.
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