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Custody parent loses driver license can non custody parent…

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Custody parent loses driver...

Custody parent loses driver license can non custody parent get or file for custody

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Right now school is starting my ex has lost his driver license to a dui and I need to know how I go to the school and get myself as emergency contact from my son to pick him up in case of emergency just fyi there has been CPS case file

Submitted: 10 months ago.Category: Family Law
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Answered in 1 hour by:
9/6/2017
Family Lawyer: Bill Attorney, Lawyer replied 10 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,640
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Dear Customer ,

Thank you for posting your family law question today. The legal standard for filing a modification of custody petition with the Family Ct is where there has been a substantial change of circumstances.

Both a criminal conviction in DUI and a CPS report are grounds in seeking custody modification.

Additionally you can request temporary custody pending the outcome of the full modification hearing.

The likelihood of your petitions succeeding come down to whether the children's education is been unduly disrupted or there is a real risk tot heir safety and welfare.

We are here to help.

Please follow up with me if you need further information .

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Customer reply replied 10 months ago
Here's the deal per my divorce decree it's stated per my son therapist recommended for my parenting time. My divorce was final in 2/17. I haven't seen my since he was taken from me in 8/3/16. I had my first counseling appointment with him on 8/3/17 thanks to my ex. My ex seems to drag his feet on everything and I am not asking for much. All I want is one night a week for dinner with him. From after school about 3pm to 7:30pm. No overnight. Right now I am so done with the everything I am surprise I haven't had mental breakdown. I can't do that I have 2 other children that depend on me. I have been a successful awesome mother for the past 16yrs Raising 4 children practically by myself and I continue to do so. So I just need legal advice on how to handle the school district on directing them that I am no longer under CPS (case is closed) I want to be contact as my son emergency contact as his mother as I still have right specially now that the custodial parents has a DUI drivers license suspension for yrs and and is on probation for two years hit and run
Family Lawyer: Bill Attorney, Lawyer replied 10 months ago

Because you are divorced and there is a custody and parenting plan in order you need to go back to the court to request a modification of the order to joint custody in order for you to start requesting that you be put a s a point of contact at your son's school; or you can request this specific relief in your school.

The conclusion of the CPS investigation and the new DUI charges are things that can effect custody but you need to go back to the court as custody is a prerogative of the court.

remember to rate positively today.

As I'm not an employee of justanswer I rely on your positive feedback.

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So I hope you rate FIVE STARS today.

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Attorney Bill

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Customer reply replied 10 months ago
We never had a parenting plan in place. This is what I am trying to develop
Family Lawyer: Bill Attorney, Lawyer replied 10 months ago

The court should have ruled on custody pursuant to the divorce. Otherwise you must resubmit the plan to the court for approval.

A custody agreement needs court approval to be enforceable. You can submit the plan to the court and the court can make adjustments as are in the best interests of the children.

remember to rate positively today.

As I'm not an employee of justanswer I rely on your positive feedback.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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