Legal Question in Family Law in Illinois
Visitation Transportation and NCP previous DUI
I have sole physical and legal custody of my two children. Their father lives in another state. After our divorce, he was convicted of DUI in my state (IL) and of driving with a suspended license in his current state of residence (CO). I know that for a time he rode a bike to work but do not know the lenght of his suspension. Visitations rights, as stated in the custody judgement are ''at the mother's discretion.'' Previously I have suspected him of drinking when he has picked up the kids in his vehicle for a visit. We typically meet at a halfway point (MO)for this purpose. Do I have the right to request his driving record to see if his licence is still suspended? If I suspect him of drinking can I refuse the visitation when he comes to pick them up? If he files a motion to modify visitation, can I then require a sobriety check before the kids get in his vehicle? If I call the police if I suspect him of drinking, what is their obligation under the law? Thanks for your help.
1 Answer from Attorneys
Reply: Visitation Transportation and NCP previous DUI
Because the court ordered custody judgment grants you discretion regarding visitation, you are entitled to make decisions that are reasonable under the circumstances. Protecting your child from a drunk driver seems pretty reasonable.
You can ask your ex for his driving record, but you�d be better off getting it yourself from the State of Colorado. Although I don�t know the particulars of how driving records are obtained in Clorado, it�s something which should be easy to find out (post a lawguru question to a Colorado lawyer, or call Colorado�s Secretary of State/Department of Motor Vehicles), easy to do, and inexpensive.
If you suspect him of drinking before a visitation pick-up, and you know him to be a person who drives while under the influence, you are certainly within your rights to withhold visitation.
If he goes to court to obtain specific rights in visitation, you would be in a good place to present the evidence of his drinking/driving problem, and obtain a visitation provision which bars him from consumption of alcohol during and eight hours preceding visitation.
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