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Old 05-18-2008, 10:29 PM     #1
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Default Father in jail for DUI

I reside in saskatchewan and am moving to alberta I currently have joint custody of my children with their father. He gets them for ten days a month. Their primary residence is with me, as are child custoday arrangement is set. He has currently gone to jail for a DUI and is a horrible person to be around when he is drinking and i also have goo dreason to suspect that he has been doing crack as well.. Can I get primary custody back while he is jail or do i have to wait until he gets out. Can I enforce that he have to be tested for drugs and alcohol everytime he gets the kids. What do i need to do? Can I proceed with getting a new child custody arrangement while he is in jail? what do I need to do to get full custody?

Last edited by Littleacres : 05-18-2008 at 11:07 PM.
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Old 05-19-2008, 02:33 PM     #2
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Default Re: Father in jail for DUI

Not sure about Sask, but here in Ontario a court will rarely order drug testing unless there is 100% unrefutable evidence of drug use. And even then sometimes they won't. Case in point, we have 100% proof that my son's ex and her family smoke pot all the time while my grandson is in their care. A C.A.S. worker even admitted to seeing drug parapharnalia around their home. My son requested drug testing be done but neither C.A.S. or the court seem concerned about this at all.
As for the DUI... I doubt the court will hold that against him. I think the most the court will do will be to add an adendum to the original custody order that states the father can not drink and drive while in care of the children or possibly not drink at all.
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