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While drunk driving offenses happen frequently and may not be a felony in many cases, a DUI can have long-lasting effects when determining factors like parental visitation or child custody.
When a parent conducts an illegal activity that is considered “reckless,” such as drinking and driving, the court is responsible for determining your ability to properly care for your child.
The court also needs to establish a corrective course of action that maintains the best interests of the children. After a DUI conviction, the court will consider several factors when determining any custody changes. If you have no prior history of alcohol or substance abuse, and your child was not in the vehicle at the time of your arrest, there’s less likelihood of the court imposing severe penalties.
However, if you have a history of alcohol or substance abuse or if the child was in the vehicle at the time of your arrest, the courts may issue more severe penalties, including sobriety monitoring, supervised parenting time or removal of custody. If you fail to comply with any of the court-mandated sobriety testing or monitoring, your supervised parenting time may be drastically reduced or suspended.
While a drinking and driving offense is always a serious matter, a DUI charge does not guarantee that your child custody agreement will change. Speak with a qualified attorney to discuss the custody laws in your state and the circumstances surrounding your ex’s DUI offense to determine if a custody change is likely to occur. The courts will look for details that prove a custody change will benefit child’s health and safety in the long term. If the child was not with the parent at the time of the DUI arrest, or if you cannot prove that the child was or is in danger due to the DUI offense, it may be difficult to convince the courts to take action to alter custody arrangements. If your ex has received prior DUIs, or if they had the child with them at the time of the DUI arrest, you will have a stronger case for emergency custody action.
If you have concerns with your current custody schedule, and would like to have it altered to fit your needs, contact your DUI or family law attorney to discuss your options.
Even if changes to the child custody arrangement are less severe, a DUI conviction may continue to be used against you if there’s a custody dispute in the future. With the complexities of parental custody and DUI laws, it’s imperative that you hire a qualified DUI lawyer if you’re in the midst of a custody battle to help defend your case and mitigate any additional charges that you may face.
If you need assistance with the DUI process, DUI.org has DUICare experts available to speak with you. If you need a referral to a DUI attorney in your area, please call DUI.org at (833) 989-1443.