How Will A DUI Affect A Child Custody Case?

DUI Charges Prior To A Custody Battle

If you have previously been charged with a DUI, you should expect it to come up during your custody battle. It’s likely that DUI charges could be used to question your ability to parent on your own.

You will need to be prepared to defend yourself and your decision-making when it comes to parenting. A custody attorney can help you prepare to represent yourself in the best way possible to fight for the best possible custody arrangement for you and your children.

Getting A DUI During A Custody Battle

Getting a DUI can affect custody, especially if you’re actively involved in a custody battle. However, if you have had a DUI before, you should expect it to come up. If you’ve had a previous DUI, you’ll need to prove that you don’t have an addiction or pose a threat to the safety or well-being of your children.

Getting charged with a DUI during your divorce and custody battle can give the other parent ammo to argue against you having custody. It’s important that you prepare yourself as much as possible to argue against any claims.

A DUI charge can be a lot more serious if your children are in the car. Having children in the car while under the influence can be viewed as harmful to the children. In Mississippi, having children in the car under the age of 16 while under the influence can bring fines of up to $1,000 and jail time of up to 12 months for a first conviction.

If you are charged or convicted of a DUI during a custody battle, the family court will most likely get a third party involved. This usually takes the form of a Guardian Ad Litem (GAL). GALs are used to represent minors in divorce and custody cases. They will investigate your child’s life and education records and your role as a parent.

Later DUI Charges

A later DUI charge, after the initial custody order, could be used against a parent if there’s ever a need to dispute or modify custody. The other parent could also use a DUI charge as a basis to file a motion to restrict parenting time. 

Custody can always be changed or modified, so a DUI after an initial custody agreement can still affect your child's custody. You might not lose custody over a single DUI charge, but it is possible. If your children are in the vehicle, it is more likely that you could lose custody. 

The other parent could use a later DUI charge to substantiate earlier claims of substance abuse or addiction and have you considered a risk to your children. Being viewed as a risk could change custody in a variety of ways. Required supervised visitation is one potential reaction to a parental DUI or can be as extreme as removing parental rights if multiple DUIs are involved.

Contact a Child Custody Attorney

Custody cases can be difficult on their own. Adding DUI charges can make your custody battle even more difficult.

Working with an attorney can help you present yourself in the best way possible for your custody case and help you understand what your options are.

Contact Campbell Law today to learn more about how we may be able to help you.