Legal Question in Family Law in Pennsylvania

Alcohol and child custody

When I was with my baby's mom, I was a heavy drinker. If you met her and her family you'd know why. Last year I got a DUI, which was later thrown out in court and I am having expunged in July.

Now here is my problem. The mother posts pictures of her drinking, and partying and pictures of her chest etc...on the site myspace, along with photos of my daughter. (It is not set to private so the whole world can see her ''titties'' as she puts it). I only see my daughter when she sees fit, which is about twice a year. I'm saving the money to take her to court. Tonight she told me that the message I left her, I sounded drunk and now she wants me to go for a blood and urine test, to see if I was drunk when I called (which I wasn't). She told me that if alcohol shows in my system I will never be able to see my daughter again. How is it that I can't drink when my daughter isn't around (I would never drink with my daughter in my custody), but she has the child and always throws parties and posts her pictures, drinking on the internet. Can I use these photos against her in court? Also, can she keep me from seeing my daughter if alcohol is in my system when my daughter isn't around? Last I checked it wasn't her business what I did.


Asked on 6/18/07, 12:12 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Alcohol and child custody

First, you should save copies of the web pages and pictures she has posted.

Generally its in the best interest of the child you remain sober around the child as should mom and many courts include such language in their standard custody order paragraphs.

Now what you do without the child around is pretty much your business unless such actions would harm the best interests of the child. For example you losing your license due to being DUI charges.

Besides she can't compel you to take any test absent a court order. So if there is no order you need to file to get one. Otherwise you're custody rights are at her whim.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 6/18/07, 8:50 am


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