Do you think this is enough to change custody?

[DoTheNoodle]

If the custodial BM lets the child ride in a car with her husband, who has lost his license for driving while intoxicated, is that considered child endangerment, and "enough" to get custody changed to the non-custodial father?

My husband and I witnessed this event (the ex sent her husband to do the drop off because she was too busy) once.  We are not sure if it is happening continually or not.

[Jade]

>If the custodial BM lets the child ride in a car with her
>husband, who has lost his license for driving while
>intoxicated, is that considered child endangerment, and
>"enough" to get custody changed to the non-custodial father?
>
>My husband and I witnessed this event (the ex sent her husband
>to do the drop off because she was too busy) once.  We are not
>sure if it is happening continually or not.

A lawyer would be better able to answer that, but I don't think so.  She can claim that it was just the one time and that it won't happen again.

What your husband can do is call the cops if it happens again.  She probably won't have him drive the kids to the drop off once he is arrested and the car impounded.  

Another thing that you can do is if the stepfather is the one who is going to drive the kids home after your husband's parenting time and there is no other licensed adult there, is refuse to send the kids with him.  Your husband would be within his legal rights to do so.  

[notnew]

Jade is right. I do not believe this one incident in and of itself is enough to overturn custody. Believe me, it is very hard to change custody.

Also, Jade is right again. What you should have done was call the police and report him driving, license, and car make and model and where he most likely will be traveling too. Your eyewitness accounts are biased and will not be able to be used to overturn custody. You need facts to support your case and a police report will take  you a lot farther in court then your testimony alone.

Yes, if your DH refuses to allow the kids to go with the SF he is within his legal rights.

Where does your exchange take place?

[DoTheNoodle]

Thank you both for the answers - that is our thought also (that is is not enough).  

We were going to call the stepfather in when he left from the drop off, but it is in a parking lot, and there was no way to do it without my ss knowing what was happening.

I did write down the info on his car.  I am going to try to call the sherrif's dept today and ask for advice on what to do if we see him driving again.  If he gets caught driving, I believe he will be going to prison - it would be a violation of his probation and this is his third offense drunk driving.

[Sherry1]

to the police and made a formal police report, or have contacted CPS at the time of the incident.  

[notnew]

That's right. AND I would not have been concerned about the child seeing you place a phone call. Go ahead and let the child see that you are not afraid of BM and will call her on bad behavior. Not doing so lets the child think that BM is in charge of you too.

Next time call the cops pronto.