Ex-Wife gets OVI and Child endangerment charge with son in car.

[Just Blue]

I posted it in there but it states it is currently "awaiting approval". not mistaken i swear! lol

Thank you ...

In the meantime could you answer a couple of questions for me?

1. How old is your child?
2. Was a complaint made to CPS/CSB by the police? Did you make a complaint to CPS/CSB when you became aware of the drunk driving/child endangerment? If so, what was the outcome of the investigation?
3. How far apart do you live from the mothers home? If you were given custody would you be able to drive your child to his current school?

 

[fatherC04]

1. son is 7.
2. according to the docket information it looks like she passed a drug screening so CPS did not have to get involved. I reached out to my lawyer, but he retired and said that waiting for the court to convict is my best bet at the time. I have not contacted CPS because I didnt know if that is something I should do before the trial.
3. The mother lives about 5 minutes away. I fought for my son to be in my school district and won that battle. His school is within 10 minutes from me.

The way our situation is set up and is we split time, but she is the custodial parent.

 

[Just Blue]

Thank You @admin100

 

[not2cleverRed]

Fast forward to now, my son still talks about the crash and with the circumstance my fiancee and I decide to look up public records. To our shock and surprise, we found out that the crash was caused by her being under the influence. She blew a .139 and was arrested that night. That is the reason why she failed to contact me, per our parenting plan since we have 50:50 custody. The opposing driver sustained minor injury and our son sustained only a seat belt burn across his chest. We have looked up the docket information and found she has pled not guilty, and has a trial coming up.

Has anyone ever been in this situation? I want to go for full custody but I do not want to take him fully away from her. I understand the fact that this decision could have resulted in his death. I want to be able to make all decisions for our son since she has not been able to show maturity. Any help or advice would be appreciated.

With all due respect, this was not an "oopsy". She, knowing that she had a child in her care, drank and then drove. Go for full custody, now that you know how blotto she was.

She endangered his life. She injured someone else. It is in the best interest of your child to avoid further endangerment.

And, even with full custody, mom will still have parenting time. You are not trying to punish mom by taking her child away, you are trying to keep the kid alive and in one piece!

 

[FlyingRon]

What you should do is to follow this and if it goes to court, make sure that the child is NOT with the mother (perhaps sit with him in the court) in csae she gets locked up. There's almost certainly going to be a child services hold on any child in the custody of a parent that is going to jail,.

 

[NeilTheCop]

Thank you ...

In the meantime could you answer a couple of questions for me?

1. How old is your child?
2. Was a complaint made to CPS/CSB by the police? Did you make a complaint to CPS/CSB when you became aware of the drunk driving/child endangerment? If so, what was the outcome of the investigation?
3. How far apart do you live from the mothers home? If you were given custody would you be able to drive your child to his current school?

A pertinent question to add. Is this her first DUI?

 

[fatherC04]

A pertinent question to add. Is this her first DUI?

Yes, this is her first DUI. In my understanding though in Ohio a second OVI was charged as well since she had child in the car.

 

[LdiJ]

Yes, this is her first DUI. In my understanding though in Ohio a second OVI was charged as well since she had child in the car.

Is she known to be a heavy drinker? Did she drink heavily when you were together? I am still a little surprised that they simply allowed someone else to pick up the child.

 

[fatherC04]

She had her moments, but a lot has changed since we got divorced 4 years ago. The officer in charge stated that they arent required by law to check into into whether the child has an opposing parent. And because she didnt fail the drug screen, CPS did not get involved. Or at least that is what im getting from the docket information.

 

[fatherC04]

What you should do is to follow this and if it goes to court, make sure that the child is NOT with the mother (perhaps sit with him in the court) in csae she gets locked up. There's almost certainly going to be a child services hold on any child in the custody of a parent that is going to jail,.

We have my son on that day, so he will not be at the court.

 

[Ohiogal]

What is the name of your state? Ohio

In late July I received a text message stating the previous night my ex-wife was in a car crash with my son. In our Shared Parenting Plan, it states I am to be notified ASAP in all emergencies involving our son. She stated that she waited 24 hours to let me know because she had to go to the hospital. She also mentioned she had her friend/boyfriend pick my son up.

Fast forward to now, my son still talks about the crash and with the circumstance my fiancee and I decide to look up public records. To our shock and surprise, we found out that the crash was caused by her being under the influence. She blew a .139 and was arrested that night. That is the reason why she failed to contact me, per our parenting plan since we have 50:50 custody. The opposing driver sustained minor injury and our son sustained only a seat belt burn across his chest. We have looked up the docket information and found she has pled not guilty, and has a trial coming up.

Has anyone ever been in this situation? I want to go for full custody but I do not want to take him fully away from her. I understand the fact that this decision could have resulted in his death. I want to be able to make all decisions for our son since she has not been able to show maturity. Any help or advice would be appreciated.

You should have gone for full custody as soon as you found out. You have stated by your delay that it was not an issue. HOw long was she without a driver's license? is she still? You have screwed up with your delay.

 

[Ohiogal]

With all due respect, this was not an "oopsy". She, knowing that she had a child in her care, drank and then drove. Go for full custody, now that you know how blotto she was.

She endangered his life. She injured someone else. It is in the best interest of your child to avoid further endangerment.

And, even with full custody, mom will still have parenting time. You are not trying to punish mom by taking her child away, you are trying to keep the kid alive and in one piece!

The problem is the emergency is over. He should have researched it back then and not waited. Depending on the county, the court will not care unless mom is sent to jail. He should have been on top of this when it happened. He should have researched it then.

 

[Ohiogal]

Yes, this is her first DUI. In my understanding though in Ohio a second OVI was charged as well since she had child in the car.

They won't charge two OVI's for her first one just because the child is there. They will charge Child endangerment and other things especially where there was injury. Whatever county you are in, the police should have JR 6'd the child that night. And you should have been called. So what county didn't?

 

[Ohiogal]

She had her moments, but a lot has changed since we got divorced 4 years ago. The officer in charge stated that they arent required by law to check into into whether the child has an opposing parent. And because she didnt fail the drug screen, CPS did not get involved. Or at least that is what im getting from the docket information.

Bull. The fact that the child was in the car when mom was arrested with a .139 BAC means CPS should have gotten involved. You are reading a docket? Why didn't you call the police? Why didn't you call CPS? Why didn't you investigate other than reading a docket when it comes to your child's safety?

 

[stealth2]

Seems to me that eight months after the fact is about seven months too late to be concerned. If this had been my ex with my child? I'd have been on the phone with a lawyer within days of finding out what actually happened. Figuring s/he could find out more than I and then advise me.

But to leave kiddo with Mom for all this time? Yeah - not that important. How long has cupcake been on the scene?