# Wifes addiction and dui arrests led to custody issue



## robdedgar

My wife and I have been married for four years, two of which was apart. She has always had a problem with authority and other peoples concerns. 

After she got her second DUI in 2006 and had a suspended license she still drove her car, even with our New born son at the time. After she finally got her license renewed after the suspension period she got another DUI in 2008, and with our son in the car. The child endangerment charge was nol prossed recently. A week before she got that DUI she got arrested for simple battery and went to jail for attacking me. 

This January, she got her fourth DUI, (only third due to non reciprocal state), again with our son in the car. After her last DUI she voluntarily went into rehab for treatment and spent six months there. During this time I have been caring for our son. Well, last week she wanted to see him and I made the arrangements. Figuring since she was still in out-patient rehab there would be no way she would take him with her to where she is still in her program. She also got a full GA license because her temp. SC license was revoked and her latest DUI has not shown up yet in DMV records. So she has free reign to drive him around like nothing happened.

I have tried everything short of getting a divorce due to money problems. I have filed ex parte orders, temporary protective custody orders, and an order where she took him out of my care. I have tried taking him out of daycare that she placed him in, and was not able to get him because she didnt add me to the release roster. All have failed because we do not have a legal custody agreement signed by a judge. Basically I have been told by judges and other legal authorities that since she hasn't done anything detrimental to our son lately they will not be bale to help me. 

I have applied for legal aid and other pro bono legal firms and got nowhere. Legal aid has lost thier federal or state funding and is no longer doing divorce cases. Dept of Family Services cant do anything because there is no evidence of her harming our child lately. I cannot afford a divorce, but my wife's wealthy parents are paying for her new condo and legal fees while she works at JC Penny's making $9 an hour. 

She will no longer let me see my son until she serves me with divorce papers and gets an order to share custody with me. She is still going to apply for permanent physical custody too. I have never harmed our child and she has nothing bad to say about me as a parent, and I have all her records, and she still thinks she is the more responsible parent. 

I have contacted both State Senators and Congressman to see if they can help me in any way. My lawyer says I have a great case to get permanent phys. custody but he needs a large fee down, that I dont have.

Anyone have any advice on this matter?


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