Revising Custodial Rights with Evidence Collection
Drunk Driving with a Child Leads to Custodial Change: Vietnamese Mother Gains Custody
A mother’s love for her children knows no bounds. When visitation rights are obstructed by the custodial parent, or when the parent responsible for the children’s care is neglectful, filing a petition to modify custody often becomes the most effective solution to resolve concerns and protect the well-being of minors.
Case Background
Thao, a Vietnamese immigrant who married and settled in the U.S., had two children with her husband. Her married life was fraught with hardship—her husband was frequently violent, lacked stable employment, and depended on her factory worker salary to sustain the family. Despite earning modest wages, Thao was also burdened with her husband’s alcoholism. When he ran out of money to buy alcohol, he often resorted to physical abuse to extort funds from her. Unable to endure the abuse any longer, Thao fled the household to escape her torment.
When Thao visited her children, her husband would demand money in exchange for allowing her to see them, threatening violence if she refused. Years later, her husband finally agreed to a divorce on the condition that she repay him $30,000—the approximate cost of their wedding—and relinquish custody of the children. Desperate to escape her abusive marriage, Thao borrowed money from friends and relatives, conceding to his terms.
Challenges Post-Divorce
After the divorce, Thao’s access to her children remained limited. Her ex-husband actively obstructed her visitation, forcing her to rely on brief meetings at their preschool under the staff’s supervision. During these visits, Thao noticed injuries on the children, including bruises and welts, which suggested physical abuse. When questioned, the children revealed their father punished them when angry and consumed alcohol daily.
Fearing for her children’s safety, Thao sought advice from social workers and legal experts. She decided to pursue a custody modification case but lacked the financial resources to retain an attorney. Fortunately, her boyfriend, a coworker who sympathized with her plight, offered financial and emotional support, expressing his willingness to help her fight for custody and provide a stable environment for the children.
Legal and Investigative Hurdles
Despite her boyfriend’s support, the situation was legally challenging. As a foreign national with no substantial assets or income, Thao faced an uphill battle in proving her fitness for custody. Her boyfriend’s willingness to assist carried little weight legally since they were not married. The attorney handling her case advised that compelling evidence was needed to demonstrate her ex-husband’s unfitness as a guardian.
Determined, Thao’s boyfriend began shadowing her ex-husband, documenting his habitual drinking and reckless behavior, including drinking at home with friends and riding a motorcycle with the children. However, without concrete evidence, such as proof of intoxication or legal violations, the recordings alone were insufficient to sway the court.
Engaging Lex Solution Investigations
Recognizing the need for professional help, Thao hired Lex Solution Investigations, a private investigation firm specializing in custody modification cases. The investigative team developed a comprehensive plan to gather irrefutable evidence. The goal was to catch her ex-husband engaging in dangerous behavior, such as drunk driving with the children, and involve law enforcement to solidify the evidence.
Execution and Results
The team conducted meticulous surveillance, maintaining continuous video documentation. They coordinated with local law enforcement, alerting officers to the suspect’s patterns and providing precise locations and times for potential incidents. Their efforts paid off when her ex-husband was pulled over and issued a citation for driving under the influence (DUI) while transporting the children. This critical piece of evidence, coupled with the investigation’s comprehensive documentation, significantly bolstered Thao’s custody case.
Conclusion
Through the coordinated efforts of Lex Solution Investigations, Thao successfully obtained the necessary evidence to demonstrate her ex-husband’s unfitness as a custodian. The DUI citation became the linchpin of her case, leading to a favorable custody ruling.
At Lex Solution Investigations, we understand the stakes in child custody cases. Our team is dedicated to uncovering the truth and providing our clients with the tools they need to protect their loved ones. Meticulous planning and execution remain the cornerstone of our success in challenging custody battles.