Summary
An arrest for DUI and drug possession in Kentucky can impact custody and visitation rights. While law enforcement may not automatically notify social services, its advisable for the individual to inform their caseworker to maintain transparency. The court may impose temporary or permanent restrictions on visitation rights depending on the severity of the offense. Completion of therapy and counseling can positively influence custody status, but the final decision rests with the court. Consulting a lawyer is recommended for navigating these issues.Full Conversation
My friend unfortunately went through a divorce recently and her husband won full custody of the children because she has mental health issues. She was also very abusive to him. I think she was only granted visitation rights every other weekend supervised. Also she was just arrested over the weekend for dui and possesion of marijuana and paraphenalia. Will her case worker be alerted and will this affect her custody issues even further?
Hello ****. If your friend is arrested, her caseworker may indeed be notified, and this could impact her custody situation.
In Kentucky:
- Arrests for DUI and drug possession could be viewed as endangerment to the child.
- This could lead to restrictions or loss of visitation rights.
- It's recommended she consults with a lawyer to understand her options.
Are they automatically alerted?
In Kentucky, the exact process can vary. Generally, law enforcement may not automatically notify social services. However, if the arrest involved endangerment to a child, it's more likely. It's crucial your friend informs her caseworker herself to ensure transparency.
No, no children involved. Im sure her husband knows. Im sure he is required to notify
In Kentucky, it's not mandatory for the husband to report his ex-spouse's arrest to her caseworker. However, it's advisable for your friend to inform her caseworker herself to maintain transparency and trust.
Would it be a temporary restriction of visitation rights?
In Kentucky, the restriction of visitation rights depends on the severity of the offense and the judge's discretion. It could be temporary, or in severe cases, permanent. It's best if your friend seeks legal counsel to navigate this situation.
Hopefully after counseling and therapy, her custody status could be rectified?
Yes, in Kentucky, completion of therapy, counseling, and rehabilitation programs can positively impact a custody case. However, it's ultimately up to the court's discretion. It's advisable for your friend to consult with a lawyer for proper guidance.
Im sure she has consulted an attorney. Just was wanting to know th eprotocol.
In Kentucky, the protocol following such incidents generally includes:
- Notification of the caseworker about the arrest.
- Court proceedings to determine changes to custody or visitation rights.
- The possibility of a temporary or permanent restriction on visitation rights.
- Reevaluation of custody status after completion of therapy and counseling, subject to the judge's discretion.
Ok thank you
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Wishing the best for your friend in her situation.
These chats are private, correct>
Yes, ****, rest assured your interactions with FreeLawChat are private and confidential. We are committed to maintaining the privacy and security of our users' information.
Ok thank you so much
You're welcome, ****! If you or your friend have any more questions down the line, please don't hesitate to reach out. We're here to help. Remember, everything discussed here is private and confidential.
Thank you. good night
You're welcome, ****! Don't hesitate to reach out if you have more questions in the future. Have a good night!
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