Legal Question in Family Law in Kentucky

child custody guidelines broken by non-custodial parent

I am the custodial parent of a 14yr old daugher. Over the weekend of 9/13/08 the non-custodial parent took my daughter on a motorcycle ride and on the way home stopped at a restaurant and he had beer to drink, then proceeded to drive home after dark, while under the influence. He has a history of DUI in the past 4 yrs. Our visitation guidelines state that the custodial parent has the right to refuse visitation if the non-custodial parent is under the influence of intoxicants or drugs. I went to his residence after I attempted to call him several times and got no answer. I called the police before doing so, and they said that I was doing the right thing. They stayed on the line with me while I was there and they witnessed the conversation and the argument that occurred. I was given orders not to leave the premisis until our daughter was with me in the vehicle. My question is: Do I have the right to file criminal charges against my ex for this occurance? Or do I just need to get visitation revoked? I need some advice as I feel that my ex will be waiting to undermine me. He and I have a terrible relationship and I do not look for this to go very well.


Asked on 9/16/08, 10:06 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: child custody guidelines broken by non-custodial parent

You have two options: 1) See if something similar occurs again, 2) file a motion to hold ex in contempt of court orders.

As for criminal charges, it is doubtful the County Attorney would take this. Unless your daughter could testify about how much her dad drank over how long a period of time, then there is not enough evidence of a DUI or endangering the welfare of a minor.

Without more facts, one cannot recommend between the two options above.

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Answered on 9/17/08, 1:14 pm


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