We're in Indiana help....

[usayow]

Hello.  We are in Indiana.  Okay I will try not to be too long.  We filed for custody of ss years ago and lost.  Since then many changes have occurred.  I used the time tracker and this last year and a half my ss has been with us same as cp.  But more with others than anyone because she has him stay everywhere except here.  

We know she has a drinking problem.  I personally saw her out with ss drinking.  Our neighbors saw her out not long ago and shre could barely stand or sit for that matter and she got her keys in her hand and paid her tab then left.  SS was not with her that time.

Recently she was arrested for DUI with bac level of .26 pretty high.  She has now lost her license and can only drive with probationery license to and from work and dads program.  She never requested to be able to drive to pick up ss from school or to school or from our house which is eow.   Our attorney we spoke to as consultation said this emergency order would help us during the battle for custody.  We know the only reason she has him is for the money.

We are pretty sure we want to hire an attorney to get immediate emergency custody switched since she can not even drive him any where.  She has no car either all of a sudden and everyone else is doing her running.

1.  Do you think we have a chance to seek and get emergency order since all this has occurred?

2.  If we do get it would the judge order it immediate or would we have to wait a period of time?

3.  What else do you think we might need to hurry and get together to win?

Thanks for any and all help is appreciated.

Worried stepmom in Indiana

[socrateaser]

>1.  Do you think we have a chance to seek and get emergency
>order since all this has occurred?

Yes.

>
>2.  If we do get it would the judge order it immediate or
>would we have to wait a period of time?

Immediately.

>
>3.  What else do you think we might need to hurry and get
>together to win?

A copy of the police report of the DUI arrest, and any pretrial documents showing that the other parent is pleading for some diversionary program in lieu of being tried for DUI.

[usayow]

Thank you.  I tried to get a copy of the police report and they refused to give it to us.  They said our attorney has to subpoena it.  And yes theirs something about she has to go to a dads program and loss of license for 180 days.  It will be reviewed next year at this time to make sure she follows through with the program.  And she went to jail and someone posted her out on a 500.00 cash bond from this incident.  Can't wait to see the police report.  

Thank you for all your help.  I'm hoping this works and lets us give him a normal and stable home.  

[usayow]

that she had 2 tickets a few years ago and never showed for court or paid them.  Well last year she was threatened by bmv that her license would be suspended unless she paid.  Well she paid the one finally.  But the other is still outstanding.  Bmv hasn't done anything with it yet and neither have the courts but is still showing unpaid and did not show up for that one either.  The lady at the court house said she can't believe nothing has been done about this.

1.  Can we also use these 2 against her?  

2.  Would this help our case even more, ss was with her when she got pulled over for these?

thanks again

[socrateaser]

>that she had 2 tickets a few years ago and never showed for
>court or paid them.  Well last year she was threatened by bmv
>that her license would be suspended unless she paid.  Well she
>paid the one finally.  But the other is still outstanding.
>Bmv hasn't done anything with it yet and neither have the
>courts but is still showing unpaid and did not show up for
>that one either.  The lady at the court house said she can't
>believe nothing has been done about this.
>
>1.  Can we also use these 2 against her?  

This is irrelevant to the issue of whether the children will suffer irreparable harm if your restraining order is not granted immediately, because the fact that the parent has not paid a traffic ticket, has little to do with any present danger that might be posed to the children.

>2.  Would this help our case even more, ss was with her when
>she got pulled over for these?

Nope. It would probably make you appear hostile and vindictive. I suggest you discuss it with your attorney, but that's my view.

[usayow]

Maybe I didn't explain myself I'm sorry.  But we are the supposed NCP.  We are getting an attorney and he wants to file for an emergency custody order for us to get my ss.  She has ss right now.  We get visitation.  Their is no restraining order.  We are going to file an emergency order to obtain custody then go through a trial to get permanent custody of my ss.

1.  When I asked earlier do you think we can get custody based on the dui especially since she doesn't have a license now either?  Thats the question.

2.  Do you think a judge will grant the emergency order based on this information not necessarilty the tickets?

3.  Should we ask for something since she cant drive or anything like she has to have someone with her if we get him to pick him up on her time or can we get some type of supervised somehow since she drinks?

thanks again.  Sorry about the confusion.  

[socrateaser]

>1.  When I asked earlier do you think we can get custody based
>on the dui especially since she doesn't have a license now
>either?  Thats the question.

And, I said yes. What you are applying for is a Temporary Restraining Order (TRO, or in some jurisdictions, a Temporary Protective Order -- TPO). Such an order requires a showing of irreparable harm to you or the child(ren). The police report and any agreed-to diversionary program should suffice as proof that the other parent is an immediate danger to the children in her current condition.

>
>2.  Do you think a judge will grant the emergency order based
>on this information not necessarilty the tickets?

Yes. The tickets are irrelevant. Everything in my last post stands exactly as written.

[socrateaser]

>1.  Do you think we have a chance to seek and get emergency
>order since all this has occurred?

Yes.

>
>2.  If we do get it would the judge order it immediate or
>would we have to wait a period of time?

Immediately.

>
>3.  What else do you think we might need to hurry and get
>together to win?

A copy of the police report of the DUI arrest, and any pretrial documents showing that the other parent is pleading for some diversionary program in lieu of being tried for DUI.

[usayow]

Thank you.  I tried to get a copy of the police report and they refused to give it to us.  They said our attorney has to subpoena it.  And yes theirs something about she has to go to a dads program and loss of license for 180 days.  It will be reviewed next year at this time to make sure she follows through with the program.  And she went to jail and someone posted her out on a 500.00 cash bond from this incident.  Can't wait to see the police report.  

Thank you for all your help.  I'm hoping this works and lets us give him a normal and stable home.  

[usayow]

that she had 2 tickets a few years ago and never showed for court or paid them.  Well last year she was threatened by bmv that her license would be suspended unless she paid.  Well she paid the one finally.  But the other is still outstanding.  Bmv hasn't done anything with it yet and neither have the courts but is still showing unpaid and did not show up for that one either.  The lady at the court house said she can't believe nothing has been done about this.

1.  Can we also use these 2 against her?  

2.  Would this help our case even more, ss was with her when she got pulled over for these?

thanks again