Wife's ex is in jail

[beejeroni]

My wife's ex is in jail for DUI for the next 6 month, and I'm wondering if the time is right to try to modify custody?

He's thousands behind on child support (they were divorced 6 years ago or so), and always claims imaginary medical problems which prohibit him from keeping a steady job. He takes her two kids for one weekend a month, even though he has the right to another visit each month. Much of the time he just drops them off at his parents. He's had his license taken away several times, and can't drive in the state of GA anymore, so he has to have his parents drive him. Apparently he won't be able to drive in NC (where he lives) anymore either.

Since some of the original orders called for supervised visitation only because of alcohol and drug abuse issues, I'm wondering if this newest conviction and jail time as evidence that it's still a problem can help eliminate visitation or at least modify it back to very short, supervised visits.

In a related question, could I be named the children's legal guardian? How could I make this happen?

Thanks!

 

[Duranie]

If you are not the childrens bio parent, chances are you cannot be their legal guardian. That is your wife's job since she is the parent.

You could possibly ask visitation to be modified however if the children currently are visiting his parents instead, a judge might not revoke that visitation. Technically it is his right to let his parents see the kids under his time.

Are his parents seeing the kids now in place of him?

You could always file to modify visitation and custody but I will expect the other grandparents to object and file their own motions for visitation since their son is in jail. Grandparents do have some limited rights in caes like this but they have to act on them.

 

[beejeroni]

I'm not the children's bio father, so it sounds like it's not an option to become their guardian unless he agreed (which he wouldn't), but I didn't know if their bio father's prison status could rule out his rights.

My wife is pondering whether or not his parents will "inherit" his visitation. His mother has been in institutions a few times for "her mental condition", and with their grandfather working on weekends, no stepmother there (she divorced him in January) and their bio father in jail, she's uncomfortable letting them go up there alone. Beyond that the kids are now enjoying extracurricular activities on weekends and were on the verge of asking their father to bring them back (it's a 2 hour drive) for weekend games and events. The kids don't know he's in jail yet

He went in last week and called last night to alert my wife. He said he wants his parents to continue to see the kids although he can't, but technically they haven't visiting his parents, but him. Since his parents haven't hired a lawyer for their son in the past, we don't think that will be the case now, so we don't expect them to file for custody rights, although expectations and reality are often different things.

Our plan currently is to deny any requests (assuming we receive any) from his parents for weekend visitation, although if they want to come take them to dinner, watch them play soccer, etc... that's fine. Beyond that it's a question of what legal action we take to modify visitation to reflect his status.

 

[Duranie]

This is a good question to ask an attorney. whether he can have somebody else pick up the kids, that is actually possible. If he was not in jail, he could send the kids home with his parents anyways. He can assign any adult to pick the kids up.

Until a court order suspends his visititation I suspect you are probably obligated to send the kids with visitation.

I do not see the harm personally in letting the kids see their grandparents. If they are willing to do all the driving. I am sure the kids love their grandparents and not sure what good you are doing by denying the grandparents visitation. The kids do not sounds like they are being harmed or neglected in anyway?

This is mom's call though since she is the bio parent. She faces contempt charges if she does not abide by the decree.