Relocation from Ga

[powerline]

What is the name of your state? Georgia
I have another question about my case. I have just recently found out about hte drinking and driving with my daughter so can I refuse to let her go if I think he has been drinking, or if I see them out and he has been drinking can I take her from him? I talked to local law enforcement and they cant just stop him for no reason. But if he were to have an accident she could be seriouly injured or worse.

 

[LdiJ]

What is the name of your state? Georgia
I have another question about my case. I have just recently found out about hte drinking and driving with my daughter so can I refuse to let her go if I think he has been drinking, or if I see them out and he has been drinking can I take her from him? I talked to local law enforcement and they cant just stop him for no reason. But if he were to have an accident she could be seriouly injured or worse.

Of course you shouldn't let him take her if he has been drinking. However you should probably call the police to document the fact that he has been drinking. Your word alone isn't sufficient.

Same thing if you see them out and he has been drinking and driving.

 

[Ohiogal]

I agree with LD that your word is NOT sufficient. If you refuse him visitation you could be facing contempt. Unless you could prove that he was DRUNK (and not just had a glass of wine) then you would be in contempt and you could be fined and risk losing custody. If you think he is DRUNK when he picks up your daughter then call the police. Being in public and drunk is a crime.

 

[LdiJ]

I agree with LD that your word is NOT sufficient. If you refuse him visitation you could be facing contempt. Unless you could prove that he was DRUNK (and not just had a glass of wine) then you would be in contempt and you could be fined and risk losing custody. If you think he is DRUNK when he picks up your daughter then call the police. Being in public and drunk is a crime.

OG, her definition of drunk and your definition of drunk may be two different things.

OP, if you think that he could be over the legal limit for alcohol, then call the police.

Personally, I would never allow a child to get in a car with someone who had been drinking at all. However, someone who had just had a glass of wine wouldn't be noticiable.

 

[haiku]

certainly people go out to dinner and have a drink while with thier family.

Thats a bit different than showing up for visitation 3 sheets to the wind.....

I would think to legally deny visitation, you would HAVE to call the police for suspicion of drunken driving....

 

[powerline]

ok so I call the police and he leaves do I just tell them where he lives. I am sure he wont stay here long enough to get caught DUI. Or do I just document that he was slurring speech or smells like beer and refuse to let her go. also when they are out it is not just a glass of wime that I wouldnt worry about. It is 5-6 beers or a ptcher or more. This is only what my daughter has told me I have not seen it 1st hand.

 

[Gracie3787]

ok so I call the police and he leaves do I just tell them where he lives. I am sure he wont stay here long enough to get caught DUI. Or do I just document that he was slurring speech or smells like beer and refuse to let her go. also when they are out it is not just a glass of wime that I wouldnt worry about. It is 5-6 beers or a ptcher or more. This is only what my daughter has told me I have not seen it 1st hand.

You can try to stall him leaving long enough for the police to arrive. If you think he will be drunk, keep your daughter inside until you have a chance to evaluate the situation. You can then make something up, like you have to pack her clothes, or she'll be right out, etc. Then call the police. Hopefully they will be able to show up before he leaves, if they determine that he is NOT drunk, then you'll have to let her go.

If he does leave before the police arrive, be sure to tell them what make his cvar is and the route that you belive he'll be taking.

One word of caution though- do not call the police unless you are absolutely certian that he is drunk. You don't want to make an allegation that turns out to be mistaken, because the police might not respond real well later when he really is drunk.