The general answer is that it Does not having a Driver’s License Affect Child Custody. Parental rights, such as child custody and visitation rights, are not hampered by not having a driver’s license. Having a suspended or invalid license is not in the child’s best interests. One parent can’t stop the visitation of another parent due to his/her invalid driving license.
FAQs on Does not having a Driver’s License Affect Child Custody
Can I call the police for my ex’s suspended driving license?
Yes, you can call the police. But the matter will ultimately be decided in family court, not by the police. Police can fine your ex for not having a valid license, but they can’t stop their visitation right due to a suspended driving license.
So, you should not call the police for a temporary solution. Instead, you can talk to a lawyer for a permanent solution with the court’s help by modifying the custody order.
What can I do legally to ensure my child’s safety journey?
You should talk with a family lawyer and go to court for a modification of the custody order. A court can help parents work out reasonable transportation arrangements to ensure the children’s safety.
Even the court may order you to drive your child to another parent for visitation. Be sure that, due to this problem, the judge will not suspend the visitation right.
Since it is common for both parents to have visitation rights with their children, many judges are willing to do whatever else is necessary to ensure that the children are not in danger when they have to travel with someone who does not have a driver’s license.
Don’t worry. Even busy truck drivers can get sole custody, so you will also be allowed.
My ex is not allowing my child to travel with me as I have an invalid driving license.
A driver’s license is not a legal requirement for child custody visitation unless there are exceptional circumstances. Your ex can’t stop you legally. But, if you have no other way to drive legally, you must be aware that someone else can drive the child.
This person can be your attorney or another friend or family member who has a valid license and can pass the required background check. Your attorney can let the opposing party’s counsel know you cannot drive.
If necessary, you will have another person to drive for visitations by informing the other parent ahead of time.
This is a valid response to an objection when they ask how you intend to transport your child for visitation on such-and-such a day. However, it is essential for parents with suspended driving licenses to get them reinstated as soon as possible.
In case they wind up in an accident and have injuries that need hospitalization or intensive care nursing at home. This would make it impossible for them to pick up their kids from school or take them anywhere else without transportation arrangements being made by others.
Parents with suspended driving licenses should also be worried about their ex’s parental alienation due to the invalid license. If you want to move out of the state with your child, a valid license will be needed to avoid any problems on the road.
Parental alienation is a process by which the other parent tries to present you as a negative person to the child with the hope the child will hate you. But, they should also know that keeping a child away from the other parent can backfire for a long time.
What if a noncustodial parent’s license is suspended?
Again, the same answer applies. The noncustodial parent’s license suspension does not affect parental rights, such as child custody and visitation rights until the court order says that a licensed and insured driver will only transport children.
If nothing is mentioned in the court order, you can file an Order to Show Cause and a Motion to Clarify with the court.
The order should state that if your ex is not allowed to drive the vehicle, then it is in the child’s best interest for you to have occasional unsupervised visits with your children and that they can be transported at your expense by someone else.
This may change once the original order is modified or amended, but that is another topic for a later article.
If a noncustodial parent’s license has been suspended or revoked more than once, how does it affect child custody?
How the court sees this depends on whether your license has been previously suspended and/or revoked and how many times. If your driver’s license is suspended twice, you will probably have difficulty getting unsupervised visitation with your children.
If you’ve had it suspended three times, the court will want evidence that not having a driver’s license does not affect your ability to successfully visit and parent your children.
The main point here is that if you do not have a valid driver’s license and do not have evidence that your children were not injured or harmed during a supervised visit, then the court will be hard-pressed to allow unsupervised visitation with your children.
I think the discussion below will help you know the reasons for losing a child custody case. So, you should be aware of these points.
So, the answer to the question, “Does not having a driver’s license affect child custody?” is NO. Suspended license and revoking child custody for that are separate things. But that is the short answer, and it does not fully reflect all context.
As a concerned parent, you may go to court to modify the custody order. As a parent of an invalid license holder, you should restore your license as early as possible for your child’s well-being.