Write to Father and advise that if he has been drinking to call you and you will come pick up your daughter yourself. You don't want him drinking and driving.
You can petition the Court to modify the parenting time granted to require that he not drink prior to or during his visitations. If he has been drinking when he comes to pick her up, you have the right to refuse to allow her to go if you have a good faith belief that doing so puts your daughter in harms way. If he contests, offer to have the police come and test him for BAC to determine if he can legally drive. If he has not been drinking, he will agree to be tested. If he has been drinking, he will likely drive off alone and your daughter will be safe.
Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.
If your children's father is abusing alcohol in their presence, then you certainly have grounds to ask a court to limit or restrict his visitation. You should hire an attorney to help you with this as soon as possible.
Hire an attorney and request a modification based on the drinking. You can file and then immediately seek an ex parte for custody and to restrict visits based on what your daughter has told you.
I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.
In similar cases, I have advised that the child be given a cellular phone if she doesn't already have one and be instructed to text or call you or another adult you trust who is aware of the situation. Instruct your daughter that if Dad/Step-mom are drinking to the point they are intoxicated and are about to drive with her, or are drinking in the car, she is to call or text you and/or the other adult you have approved immediately with her concern and where she is. You should then contact law enforcement and ask that they check on your child. If you are able to catch him in the act with police witnessing this, it will help to build your case to modify the parenting time as several other attorneys have suggested.
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