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Can a DUI threaten your right to child custody?

On Behalf of | Apr 26, 2022 | DUI |

A DUI is a serious offense that you need to know could influence your right to child custody. As a parent who is going through a divorce, getting a DUI is a problem, because it may show that you are not responsible and that you are willing to put yourself and others in harm’s way.

It is particularly negative if you had your child with you at the time of a DUI traffic stop. In that case, you could be accused of putting your child in danger, which is not something that will make you look good in the eyes of the court. Remember, the court will always rule for custody that is in your child’s best interests, so your actions do matter.

Will defending yourself against a DUI help your custody case?

Taking steps to avoid a DUI will help you minimize the chances of a DUI being held against you in family court. For example, if you can show that the officer was mistaken and that you were driving unsafely because of a medical condition instead of being intoxicated, the judge in your family law case may not be as concerned about your child’s safety when they’re with you. On the other hand, if a DUI case is proven, the other parent may ask that you only have supervised visitation or limited custody time, because they may be concerned that your poor decisions could lead to harm coming to your child.

What do you need to do if you’re going through divorce and are accused of a DUI?

The first thing to do is to realize that you have the right to an attorney and to defend against the charges. A DUI arrest is not the same as a conviction, and although it doesn’t paint you in the best light, it is something that you can still defend against. If you can reduce the charges or get them dropped, you’ll be in a better position when it comes time to seek custody in family court.

Remember, any actions you take can make you look better or worse in the eyes of a family court judge. If you’re accused of a DUI, you’ll want to defend against it and take action to improve yourself in ways that show a judge that you’re doing all you can to be a good parent to your child.