Can I go to court to stop visitation because my child’s parent got a ticket for driving without a license?
Stopping child visitation rights for a parent is a serious matter, especially if the parent is putting a child in danger. Jean Mahserjian is a knowledgeable Albany child custody lawyer and has over 30 years of experience in Family Law and divorce in New York.
Question:
My ex was in a car accident and they lied and told me they where not driving. I found out they where driving without a license. Court gave them a ticket and there was no DUI or DWI charge because there was proof hospital that they where sober. My child was not with them during visitation.
Answer:
You cannot unilaterally terminate a parent’s access to a child. If your child’s other parent does not have a valid license, you can go to Family Court and seek an order preventing that parent from driving with the child. Since there was no DWI or DUI, there is nothing further here that will affect the Court’s ruling. And, if that parent can easily renew their license (depends on the reason for the lapse), you may be wasting time and money in court. I would suggest first finding out the reason for the lack of a license and then see if the other parent will agree not to drive your child until the license is reinstated. If they do not agree, court will be your only option.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Albany Child Custody Lawyer. This does not consent an attorney client relationship.
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