Hi everyone, I’m in Oregon and currently have a custody agreement where my son’s dad has him two weekends a month. My ex has had past issues with alcohol, which was one of the reasons for our separation. Recently, he got his second DUI and totaled his car. I’ve suspected his drinking was getting out of hand for a while, but now I’m seriously worried about my son’s safety. Has anyone dealt with something similar? What steps can I take to modify the custody agreement?
I’d definitely start by filing for a modification. The courts usually take DUIs seriously, especially if kids are involved.
Oriana said:
I’d definitely start by filing for a modification. The courts usually take DUIs seriously, especially if kids are involved.
Thanks! Do you know what kind of evidence I’d need to provide?
Oriana said:
I’d definitely start by filing for a modification. The courts usually take DUIs seriously, especially if kids are involved.
You’ll probably need proof of the DUI, any texts or emails where he admits to drinking, and maybe witness statements.
Does your current agreement allow for supervised visits? That could be a safer option if the court won’t change custody entirely.
Celine said:
Does your current agreement allow for supervised visits? That could be a safer option if the court won’t change custody entirely.
It doesn’t right now, but I’d feel a lot better if visits were supervised. Can I ask for that when I file?
Celine said:
Does your current agreement allow for supervised visits? That could be a safer option if the court won’t change custody entirely.
Yep, you can include that in your modification request. Courts usually go for whatever’s safest for the child.
Gathering evidence is key. Do you have any records of him drinking while with your son or texts where you expressed concerns?
Noelani said:
Gathering evidence is key. Do you have any records of him drinking while with your son or texts where you expressed concerns?
I’ve brought it up before, but I don’t think I have anything in writing. Would that hurt my case?
Noelani said:
Gathering evidence is key. Do you have any records of him drinking while with your son or texts where you expressed concerns?
It might not hurt, but anything you can provide helps. Witnesses or even his DUI record would work.
You mentioned this was his second DUI. Did the first one impact his parenting time at all?
Kelsey said:
You mentioned this was his second DUI. Did the first one impact his parenting time at all?
No, it happened before we split, so it didn’t factor into the agreement at the time.
Kelsey said:
You mentioned this was his second DUI. Did the first one impact his parenting time at all?
Got it. Since it’s a pattern now, the court will probably take it more seriously.
I’d talk to a lawyer to help you file the modification. They’ll know how to present everything clearly to the court.
rejoycetrevor said:
I’d talk to a lawyer to help you file the modification. They’ll know how to present everything clearly to the court.
Good idea. I’ve never filed anything like this before, so I’ll need all the help I can get.
rejoycetrevor said:
I’d talk to a lawyer to help you file the modification. They’ll know how to present everything clearly to the court.
Thanks for the tip. I’ll look into finding a family lawyer who’s experienced with these kinds of cases.