How does a DUI charge affect child custody?

On Behalf of | Oct 8, 2024 | Criminal Defense, Family Law |

Generally, courts decide child custody cases based on what is in your child’s best interests. This is why many custody cases end in joint custody. Such a custody arrangement ensures your child grows up with both parents in their lives.

Judges consider several factors during child custody cases such as each parent’s relationship with the kid and their job stability or earning capacity. They will also investigate whether each parent has a criminal record. If you have a driving under the influence charge – or worse a conviction – this can potentially hurt your chances in a child custody case.

Before a child custody case

Your spouse or their legal team will likely use your old DUI charges against you. They can still accuse you of reckless behavior even if the charge was several years ago. They can use the charges to cast doubt on your abilities as a parent and on the overall safety of your child with you.

After a child custody case

Receiving a DUI charge when you have an ongoing child custody case gives your spouse a stronger weapon to use against you in court. If you received a felony charge for DUI rather than a misdemeanor, this can paint a picture of chronic drinking or continuous disregard for safety. Your spouse may also use it to accuse you of alcohol abuse, high risk of danger for the child and more.

Demonstrate competency as a parent and a driver

Thankfully, you don’t automatically lose custody if you have a DUI charge. If you can prove that you do not have an alcohol problem, that the charge was dropped for a legitimate reason or that you have since changed your habits, you may still maintain custody rights.

You need to show that you can be responsible for your child – that you can guarantee their safety and well-being. With a well-crafted legal strategy and clear proof of your competency as a driver and parent, you can remain reliable in your child’s life.