Legal Question in Family Law in Indiana

Divorce and the right to joint custody

My husband is a habitual drunk driving offender. He is about to serve almost two years for this crime. It has been considered a class D felony. At this time this does not include offences outside of Indiana. There are numerous offences in other states. I am wanting to seek a divorce when he is serving his time which will start in January, 2001. My question is can I request that he not be allowed to see his children again or at least without supervision? I fear for my childrens safety. He is not an abusive father or husband but I know that when released from jail his drinking and driving will not stop. What are my options?


Asked on 12/30/00, 12:17 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Divorce and the right to joint custody

You should seek a hearing to finalize your divorce and your husband is entitled to be present and tell the judge what the problems are so that the decree will be entered that either denies or restricts visitation and sets the rules for contact between father and children. Most judges in Indiana take the position that children need not go with a person who is drunk when he or she tries to pick up the children or one who has a problem such as your husband's and will try to pick a neutral person to drive the children if necessary. Of course, your attorney may have more ideas or different ideas of what will work. My suggestion is not the only solution.

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Answered on 1/05/01, 3:00 pm


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