If my ex goes to jail on her second DUI, can I file for primary custody of my daughter?
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If my ex goes to jail on her second DUI, can I file for primary custody of my daughter?
Asked on August 21, 2011 Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your former girlfriend or wife has been jailed for her second driving under the influence of alcohol or illegal substance, you can file for primary custody of your daughter. If there is an existing child custody order in effect between you and your "ex", all you need to do is file a petition with the superior court where the action is venued seeking a modification of the existing order and the reasons for such.
If there is no child custody order in effect, then you need to file a petition for one with the superior court where you and your "ex" live. Given the complications for such a petition from an emotional standpoint and the good of the child, it is recommended that you have a family law attorney asisst you in such an endeavor.
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