The Correct Action When Custodial Parent Endangers Child
Custodial parent gets child endangerment DUI. What do we do? I’m Tulsa Attorney James Wirth. That’s the question that we have. Actually, the question goes a little bit more than that. It says, we’re withholding the child by agreement until the criminal case is finished. Is that the correct action?
And I would say, obviously withholding the child, that’s good. If you need to protect the child from that parent, that’s a good start. However, there are better things that you can do beyond that. I would not recommend waiting until the criminal case is over to do something. If you’re withholding, that means you’re doing something different than what is the court order that is in place.
If you’ve got a parent who is a danger to the child, which in this case may be evidenced by the fact that they endanger the child by having the child in the car during a DUI, then you wanna go to court quickly, get the order updated so that it reflects what’s actually going on. And also, the other rule we always have as lawyers, family law lawyers, if there’s an agreement, then that’s the time to get things done.
Seeking an Agreed Order
If you’re withholding by agreement, why don’t you do an agreed order? Update the court’s order by agreement. It’s always cheaper and faster to do it that way than to wait until later where there’s a dispute going on and you have to fight it out in court. So is that the correct thing to do? Withholding is the correct thing to do if that is necessary to prevent the child from being endangered from the other parent.
But you don’t do that for any lengthy period of time without going into court and updating the court’s order. And if there’s an agreement, that’s the time to get it done quick, simply, and cheaply. So that would be my recommendation. File a motion to modify. You can draft up an agreed order modifying, giving yourself sole custody so you can legally withhold the child. And then set up whatever is appropriate based on the circumstances of the other parent as far as visitation goes, whether that means supervised, monitored, or whatever case with maybe step-ups.
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If you’re dealing with a circumstance like this, though, you’re gonna want specific information tailored to your circumstances. To schedule an appointment with an attorney at my office to look at doing that, go online to MakeLawEasy.com for a free consultation.