Legal Question in DUI Law in California

My husband's ex-wife had a car accident about 2.5 years ago in which she was driving under the influence--her BAC came back as .31. She had three minor children in the car with her at the time of the collision. She was arrested and taken to jail. At the time of her arrest she was allowed to call her husband to come and pick up the kids. He came and picked them up so they wouldn't have to see her being arrested. Only one of the kids was his and the other two children belong to her but they both have different dads--my husband is one of the minor's father. We learned all of this after the fact which is the bone of contention: my husband was never notified by CPS that the accident happened and his son was all told to not speak of the accident so he didn't know about it for several months. When she was sentenced she got 3 yrs informal probabtion and she was tried as a misdemeanor, not a felony offense. So now here we are down the road and she has just finished her second stint in rehab for alcolhol. What can be done to limit her exposure to the minor child who just now turned 11. And is there anything that can be done about the fact that she endangered the lives of three kids?

Please advise,

SBH


Asked on 4/24/12, 9:14 pm

1 Answer from Attorneys
Joshua Hale Hale Law Group

Your husband could petition for sole custody. It is generally unlikely that the court would grant it, however, in these circumstances, the court might consider it. Also bear in mind, the court will allow her to show that just because she has a substance abuse problem, does not necessarily mean she is a bad parent, even if she made a mistake, albeit a bad one several years ago.

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Answered on 4/25/12, 11:26 am


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