Effects Of A DUI Charge On Child Custody

If you and your spouse have divorced or are divorcing, you may desire the primary custody of your child. However, any illegal activities, such as driving under the influence of drugs or alcohol, can make you appear risky and irresponsible. 

Even for a first-time DUI offender, an arrest can cause the revocation of a custody assignment. Here is a bit of information about the effects of a DUI charge on child custody.

What Happens If a Child Was Not Present in the Vehicle?

Even though there was no child in the vehicle at the time of a DUI arrest, the arrest can still provoke the court to intervene. The family law officials may believe that the episode of DUI was not a standalone event. They may feel that the risky behavior has occurred more frequently but believe that your past DUIs simple evaded detection.

To investigate the situation, the court may assign a social worker to do the following:

• Interview you, your former partner, and your children. The interviews can help reveal evidence of a drinking or drug problem.
• Investigate your schedule and regular routine. The social worker will attempt to determine whether or not you are regularly attending work and parental functions.
• Search your residence. If evidence of substance abuse is found in your home, you may be deemed unfit to care for your child. 

If there is a substance abuse problem, you should seek help. However, keep in mind that treatment programs that encourage their participants to admit their problem could cause issues. The admission can lead to your stigmatization as an addict or alcoholic. Witnesses who support your spouse's attempts at obtaining custody may already be biased. Additionally, an investigating social worker may prejudge you based on indications of a past substance abuse problem.

How Can Your DUI Be Used by Your Spouse?

If your spouse is seeking custody, they will likely use your DUI to indicate that you are an unfit parent. A DUI can be particularly damaging if your spouse has presented prior allegations to the court that you abuse drugs or alcohol. The DUI offers proof to support the earlier allegations. 

The court's main objective is to protect the children and ensure that their living environment is loving and stable. Legal officials will likely view a DUI offense as proof that you are not caring for your child or children properly.

If you have been arrested for DUI and have or are seeking custody of your child, schedule an appointment with a child custody attorney in your local area.