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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11768
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a recovering alcoholic and separated. Under what

Customer Question

I am a recovering alcoholic and separated. Under what circumstances can my wife deny me the right to drive my kids
In my car?
Submitted: 1 year ago.
Category: Family Law
Expert:  DrakeLAW replied 1 year ago.
Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By separated, do you mean that the two of you have just informally and voluntarily agreed to be apart? Or was something actually filed with the court? Have you had any DUIs/DWIs or any other arrests/tickets in the past 3 years? Are you currently sober? If so, how long has it been? I can better help you with answers to those questions, thank you.
Customer: replied 1 year ago.
it is a legal separation and divorce should be final within 2016
I was charged with dui in 2013 in md. I am not currently drinking however I have only 40 days sober and am attending an i.o.p. I also attend at least 5 AA meetings a week. This is not court ordered as I took care of that a couple years ago. I visit my kids every day at my old home where they live with their mother. She sees me daily obviously so I don't know why she continues to prevent me from taking them anywhere. While I am not without mistakes I have been sober for the majority of the last four years. This just seems to be a classic power-play. Hope you can help me with a clear answer. Thank you
Expert:  DrakeLAW replied 1 year ago.
Yeah your DUI is long ago enough that it shouldn't be a factor. I suppose the 40 days sober part could be a factor and there will be concern of relapse but on the flipside you are doing the right things with iop/AA. Unless something was filed in your case to prevent you from driving, then you are right, there is nothing that is preventing you from doing so. Her concerns may be legitimate to her, but you are right, she is trying to control the situation. I suppose you should tell her that you are taking the kids driving and there is nothing stopping you. I don't know what has gone on in your case, but that could lead her to trying to file something in the case for custody or to then actually seek the restriction of your driving. I am not sure the court would order you to not drive with them though given that there is no proof of incident driving with them intoxicated before. The court may just order you to not drink within 24 hours of your visitation with them or something like that. Does that answer your question?