We found out that my husbands ex-wife has a bench warrant out for not showing up to her court date for a speeding ticket. This was in OH but we (including her) live in KY. Firs question is her license suspended in KY and OH? Also, we are going to back to court for other issues not related to this but want to know if when we are there if we bring it up that we know about it will they arrest her then (again we would be in KY). Lastly, if she comes to pick up the kids do we have any legal right not to let the kids ride with her knowing there is a warrant out for her arrest and the possibility her licenses is suspended?
In the best interest of the kids, why not tell the ex that you are aware of and that you would like for her to take care of the potential warrant so that the kids are not in an uncomfortable situation should she get stopped. After all, you should want the kids to enjoy any visit with their parents. That would be the adult approach to the situation.
The fact of a license suspension has absolutely nothing to do with her ability to drive safely when the kids are present.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
If the person has a bench warrant, it is better to find the court before the court finds you. Use Avvo or another website to find a criminal/traffic attorney in the county where the warrant is. Once the attorney helps remove the warrant, it can all be worked out.
If you are hoping to "expose" the bench warrant to gain an advantage in a domestic/custody issue, that is unlikely to impress a judge. This is a minor issue; however, you could raise the issue in a motion to modify custody if you believe the ex-wife is driving illegally. A domestic relations attorney would be a big benefit in this type of litigation...
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