If you have a child, facing DUI charges can be especially stressful and confusing, particularly when custody of your child is part of the mix. The legal consequences of a DUI can extend beyond criminal penalties and affect family law matters such as custody arrangements and visitation rights.
Below, our friends at Brown Paindiris & Scott, LLP discuss how a DUI charge can impact child custody cases and what parents should consider when dealing with both family law and DUI proceedings.
How DUI Charges Influence Custody Decisions
When courts decide custody, the primary concern is always the child’s best interest. A DUI conviction or even a pending charge may raise concerns about a parent’s judgment, responsibility, and ability to provide a safe environment for their child. Family divorce attorneys often see that judges may view a DUI as a red flag, potentially influencing decisions about physical custody, visitation schedules, or supervised visitation requirements.
The nature and circumstances of the DUI incident are crucial. Factors such as whether the child was in the vehicle at the time of arrest, whether the offense was a first-time or repeat DUI, and the parent’s behavior following the charge all play significant roles.
Courts are likely to weigh these factors heavily in determining if custody arrangements should be modified to protect the child.
Potential Modifications To Custody Or Visitation
Oftentimes after a DUI charge, a child’s other parent requests for modification in custody or visitation.For example, if a parent is convicted of DUI, th e other parent may seek to limit or supervise visitation to ensure the child’s safety. Courts may order supervised visits, require the parent to attend counseling or substance abuse programs, or mandate random drug and alcohol testing.
It’s important to recognize that a DUI charge does not automatically mean a parent will lose custody. Judges often consider the parent’s overall history and relationship with the child, as well as steps taken to address the DUI issue, such as attending rehabilitation or showing proof of sobriety.
How DUI Cases Intersect With Family Law
Because DUI and custody issues often overlap, it is essential for parents to work with attorneys familiar with both areas of law. A DUI lawyer can help defend against criminal charges, while family and divorce attorneys focus on protecting parental rights and advocating for fair custody arrangements.
In many cases, coordinated legal strategies between the two types of attorneys can provide the best outcomes. For example, showing a court that a parent is actively addressing substance abuse problems and taking responsibility for their actions may positively influence custody decisions.
Practical Steps For Parents Facing Both DUI And Custody Challenges
If you are in the unfortunate situation of a custody dispute as well as a DUI charge or conviction, consider these steps:
- Consult with both DUI defense and family law attorneys to address both issues strategically.
- Document efforts to improve, such as completing substance abuse programs or attending parenting classes.
- Maintain a stable, safe environment for your child, demonstrating commitment to their well-being.
- Avoid behaviors that could further complicate your legal situation, such as additional arrests or violations of court orders.
- Be honest and cooperative with the court and involved parties to build credibility.
Dealing with DUI charges while managing child custody matters is difficult but not insurmountable. Courts prioritize the safety and well-being of the child but also recognize that people can change and make positive strides. Seeking guidance from family divorce attorneys and DUI lawyers can help you protect your rights and work toward the best possible arrangement for your family.