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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33103
Experience:  16 yrs. of experience including family law.
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I am divorced and have dealt with substance issues. Alcohol.

Customer Question

I am divorced and have dealt with substance issues. Alcohol. About 2 weeks ago I drove drunk with my son in the car with me. I am now t very proud of this and am now getting sober. My ex is now keeping him from being with me alone and says I have to earn it back and it could take a good long time. Can she do this and should I let her
Submitted: 11 months ago.
Category: Family Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...what do you mean

Can she do this and should I let her

What does that mean?

Customer: replied 11 months ago.
Well we have a custody agreement and because of what I did she is breaking that and saying I have to earn it back.
Expert:  P. Simmons replied 11 months ago.

Thanks

I have some thoughts and will type them up. A few minutes please

Customer: replied 11 months ago.
Ok thank you very much. O
Expert:  P. Simmons replied 11 months ago.

thank you for your patience

What you are describing, there are two separate issues

One is the violation of the custody order

The other issue is your driving AFTER imbibing

As for the later, if there is evidence that you are operating a vehicle under the influence of an intoxicating substance? That could be considered by the court and could lead to reduction of the time you have with the child.

On the other hand, your ex has NO power to “punish” you. Period. Only the court can modify the custody order.

If they are not complying with the order, you an bring them to court for contempt

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 11 months ago.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.