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What are the effects in a custody case where the spouse of…

What are the effects in...
What are the effects in a custody case where the spouse of one of the parents does not have a valid driver's license when he transport the children? If true, is this a strong case for child endangerment.This is a modification requesting custody when two of the three children want to live with the other parent. One of the children is 12 at the other one is 9. The child who prefers to remain with the same parent is 13.
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3/8/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Driving without a valid driver's license is a misdemeanor. For a first offense, it's only a fine, but if this is something that happens regularly, the parent could go to jail. A parent who is in jail is not available to parent their kids, so it's definitely an issue. You can report the other parent yourself - but the judge can also do it, regardless of whether either parent wants it to happen. In addition, you could ask that the judge deny visitation until (a) the parent gets a valid driver's license or comes up with a valid plan for getting where they need to be AND (b) takes a parenting class. Not having a license doesn't necessarily mean that the parent is a bad or dangerous driver, but that also depends in part on whether the license was suspend and if so why. The bigger concern is that part of a parent's job is to instill good moral values in the children, and constantly breaking the law tends to go against that.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 4 months ago
The person on violations is a step parent. And the parent in question has primary custody. What effect does the stepparent's action have in a custody case and does it reach the level of child endangerment?

If the parent is consistently allowing someone without a driver's license to drive the children around, that still reflects on them as a parent. It can absolutely be used. The judge can't order the spouse to get a driver's license, but they can order the parent not to let the spouse drive them anywhere. And they can still be required to take parenting classes.

Again, whether it reaches the level of child endangerment is going to depend on whether the person is a dangerous or bad driver. Not having a license doesn't necessarily mean they're unsafe. But the other parent would be able to introduce evidence that they ARE a bad driver.

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Customer reply replied 4 months ago
If I can show this to the court along with the spouse's:1. History of driving with an improper driver's license in other states.
2. History of domestic violence.
3. The children's mother having to call 911 claiming mental instability
4. Children telling the judge domestic violence in the home. The violence reaching the level of breaking furniture.
5. Fleeing the state before marrying her to avoid the consequences of contempAlso, what if it is shown that he is using a fake license?If this does not reach the level of child endangerment, what does it speak to?

The domestic violence alone helps show child endangerment. The mental instability will also help with that. Any evidence of bad driving - swerving, driving while drunk, driving while under the influence of medication, excessive speeding, and things like that.

Driving without a license frequently shows a disregard for the laws of our society, which is the opposite of what we want a parent to teach children. So again, it goes toward ability to instill good moral values in children. And the parent's willingness to allow their child to spend time around sometime teaching these bad behaviors also goes toward their ability to teach the child good habits.

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Customer reply replied 4 months ago
One more question:What items above can help me overcome the HIPPA protections to have the court grant a subpoena requesting disclosure of medications he is taking or require a mental evaluation?

Any person with a pending lawsuit can walk into the clerk's office and get a subpoena for documents. It doesn't have to be approved by the judge. HIPAA allows a health care provider to release medical records in response to a subpoena as long as it's sent with evidence that the person who is the subject of the subpoena was notified of the request. That gives them the opportunity to object. That could be an affidavit stating that a copy of the subpoena and notice was personally served on them by a third party, or evidence that the documents were mailed to the patient.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks. You deserve the tip

You're very welcome, and thank you. I hope it works out.

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