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Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am in Missouri My ex is a heavy drinker with a history

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I am in Missouri

My ex is a heavy drinker with a history of alcohol related charges/offenses. He has recently received his second DWI that I am aware of, could be more. He has plenty of money to fight the charges and seems to think he will not have any consequences. It would be in my best interest financially if that were true, but my concern is the safety of my children. I know through talking with them that he drinks regularly when they are with him. The children and I have a plan in place as of the recent charges for them to contact me if he attempts to drive with them while drinking. They have cell phones and we have a code for this. However, I can't confidently place that responsibility on children. As of now he has had his license taken away but has a temporary order to postpone suspension. Do I have any recourse to modify the parenting plan due to the recent arrest? It there any other advise you could give me on how to protect my children? Thank you.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist you today. Yes, you would have a right to modify his custody or visitation rights due to his recent arrest/charge as that is a material change in circumstances that would provide you with the basis to seek a change. You can ask the court to modify his rights to prevent him from driving with the children, or even to only allow supervised visitation because of this charge. The court is always going to want to make sure the child's best interest is the primary concern - - so if there's any chance that the father is or could be drinking and driving with your child, the judge is going to do everything in his/her power to make sure that doesn't happen. Thus, if you can provide the court with proof of this pattern and practice with previous DWI convictions, and now this charge, you should be in a good position to modify custody and visitation.
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