We're in Indiana help....

[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.