Can i modify a consent order if the non custodial parent is facing charges against a DUI? 5 Answers as of April 26, 2012

We have joint legal custody and a visitation schedule for the noncustodial parent. would the fact that they recently went to jail for those 2 counts be enough to change a consent order? Especially the drug possesion has been an ongoing problem for 5 years

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H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
They are certainly factors for the court to consider. Any change in the custody and visitation has to be signed by a judge to be official.
Answer Applies to: Georgia
Replied: 4/26/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Possibly. You'd need a lawyer to review the cases and determine how they actually are impacting the child/children.
Answer Applies to: Georgia
Replied: 4/26/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes. Modification Petition can be filed based on change circumstances and best interest of the child. The court frowns on drug use and DUI around children.
Answer Applies to: Georgia
Replied: 4/26/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
After the dui conviction is entered, you might be able to modify the provisions of the visitation order concerning the pickup and delivery of the children, and you might also get some restrictions on the use of alcohol while he has custody of the children.
Answer Applies to: Georgia
Replied: 4/25/2012
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
It is certainly possible that an arrest for DUI could be grounds for a custody/visitation modification action. You need to consult with an attorney regarding the specific details of your situation in order to determine the viability of a modification case.
Answer Applies to: Georgia
Replied: 4/25/2012
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