Legal Question in Family Law in California

If a non-custodial parent has a suspended DL due to a dui and continues to drive (without and with the mutual child in the car) is there something I can do legaly? The child is in the teenage years and is learning compleate disreguard for laws, boundries, and rules due to this parents actions. The judge overseeing the case is very fact based and without "proof" it is deemed hearsay and thrown out cause the other parent denies everything.


Asked on 12/14/10, 10:41 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Yes, you can file in your court a motion to have the judge order him to not drive the child. It is unsafe for a child to be driven with anyone who does not have a valid drivers license. You can also report him to CPS if you suspect he is still having a drinking problem and driving the child around.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com

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Answered on 1/25/11, 5:57 pm


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