Going through a divorce & custody battle while ex receives 2nd DUI in less than 3 mos

[Scorpio1985]

What is the name of your state (only U.S. law)? Florida

I am currently going through a divorce that has been drawn out for the past 6/7 months. We have been married for a little over 4 years and have a 5-year-old daughter. The main reason our divorce is taking place is the fact that my husband has a drinking problem that has persisted over the last 3 years. Of course, he denies his drinking problem, even after his first DUI, which resulted in a car accident almost totaling his car and injuring others. After his first DUI, we came to an agreement through the courts that he is not to be drinking throughout the pendancy of our divorce. With disregard to this order through the court, he continued to drink and was found in contempt of the court about a month ago. Not long after, I found out he received his SECOND DUI! This is his second within less than 3 months! He also had a speeding ticket before that for over $200. (May I also add that he lives 3 hours away from here and his visitation with our daughter is every third weekend from Friday to Sunday.)

I have a wonderful lawyer and am only looking for others advice on what my options are. Here are my thoughts, but would also like some input or others additions to my thoughts.

1. File for an emergency hearing with the court for temporary abatement and or supervised visitation
2. Emergency drug test and evaluation
3. Any additional drug/alcohol courses/rehab (since the one that he is currently enrolled in isn't working)
4. Motion for contempt (since this is the second time he has disregarded the orders of the court)

I appreciate any input! I'm not trying to screw over my ex, but seems as though he needs a little tough love since a little slap on the wrist isn't working. It's especially important since our child's wellbeing could be at stake...

[Ohiogal]

Originally Posted by JIMinCA

I would go with 1 and 4. You don't need to fix him, just hold him accountable. Furthermore, I would NOT let my child get in a car with him again (tell your lawyer this). Regardless of any visitation order, no court is going to find you in contempt for protecting your child from an obvious threat. Remember, your child counts on YOU for protection.

BULL. Do NOT give illegal advice. YOu just did. She has to allow the children to go on visitation until the order is changed. She could be found in contempt. Reread what you stated. There is NOTHING wrong with the child getting in a car with his/her father. You need to stop.

[Blue Meanie]

Originally Posted by Scorpio1985

What is the name of your state (only U.S. law)? Florida

I am currently going through a divorce that has been drawn out for the past 6/7 months. We have been married for a little over 4 years and have a 5-year-old daughter. The main reason our divorce is taking place is the fact that my husband has a drinking problem that has persisted over the last 3 years. Of course, he denies his drinking problem, even after his first DUI, which resulted in a car accident almost totaling his car and injuring others. After his first DUI, we came to an agreement through the courts that he is not to be drinking throughout the pendancy of our divorce. With disregard to this order through the court, he continued to drink and was found in contempt of the court about a month ago. Not long after, I found out he received his SECOND DUI! This is his second within less than 3 months! He also had a speeding ticket before that for over $200. (May I also add that he lives 3 hours away from here and his visitation with our daughter is every third weekend from Friday to Sunday.)

I have a wonderful lawyer and am only looking for others advice on what my options are. Here are my thoughts, but would also like some input or others additions to my thoughts.

1. File for an emergency hearing with the court for temporary abatement and or supervised visitation
2. Emergency drug test and evaluation
3. Any additional drug/alcohol courses/rehab (since the one that he is currently enrolled in isn't working)
4. Motion for contempt (since this is the second time he has disregarded the orders of the court)

I appreciate any input! I'm not trying to screw over my ex, but seems as though he needs a little tough love since a little slap on the wrist isn't working. It's especially important since our child's wellbeing could be at stake...

You are posting in the wrong forum. Please post in the Child Custody Forum so that you will receive valid advice. Lock this thread.