As most people are aware, even a first driving under the influence (DUI) offense can result in severe consequences under the strict new laws in every state. However one of the less commonly known penalties of what a drinking or drugged driving conviction could bring into your life, is regarding how it will affect a child custody case. If a parent is caught driving under the influence of of alcohol or drugs with a child in the vehicle, that parent will be considered by the court to be at high risk for a child’s safety and well being.
Even if this is a 1st-time arrest, what is going to happen for a first offense DUI or DWI situation next, is that a social worker is very likely to become involved in your life and examine both the child custody and recent criminal DUI offense case. It is not uncommon for the court to revoke custody of the parent who gets convicted of a new driving under the influence charge.
The family law court could get involved, even when a child was not in the vehicle at the time of the DUI arrest.
Even in scenarios during a DUI or DWI arrest when there was no child in the vehicle at the time, it still can lead to the family law court intervening. They could review the events and case further, to later conclude that even though the parent who was arrested for drunk driving did not have any children in the car on that particular occasion, they may have reason to believe the charged parent did so with kids inside the vehicle in the past.
A social worker who is appointed to the child custody case can usually examine details further by:
- Conducting an interview with you and your ex-spouse.
- Having another interview with the children or other family members in the house.
- There will be a thorough Investigation of the arrested parent’s daily life routine, the children’s everyday schedule, and other regular habits of the household lifestyles.
- They may search the residence and/or car for evidence of drug, alcohol, or other substance abuse. Some examples of this could include empty liquor cans or bottles, and even a credit card statement containing proof of buying recent alcohol beverages.
The court-appointed social worker for a child custody case might also search through cabinets for wine or beer bottles. They can even do a surprise visit at your child’s school for a short session to ask them some additional questions, show up at your residence unannounced for a visit, and a variety of other ways to check for indications that puts the safety or well-being of any children at cause for concern. In many custody cases, a parent getting DUI charge is what can start this investigation process, even when a child is not present kids in the car at the time of being arrested.
Fighting to resolve this in regards to custody in family court is not an easy thing to accomplish with drug or alcohol arrest related cases. The family law courts in each state view drug and alcohol abuse as a matter which is very often an extremely difficult issue to get under control, and as a problematic pattern which could relapse in the future at any point.
Additionally, the way how substance treatment sessions commonly have people admit to everyone else “I am an alcoholic” or have a problem with drugs, it does pose some potential with resulting in more problems later on. This is because after a parent has mentioned their drug or alcohol problem to several other people, the parent can be stigmatized as an alcoholic or drug addict. Therefore it is a possible risk factor which could cause a parent to be prejudged with predetermined bias, or viewed with suspicion by a case or social worker doing the investigating after a first DUI arrest.
Further Child Custody and Family Law Issues After a DUI Charge
When a parent in a child custody case is later arrested for a DUI or DWI offense, this charge is very likely be used against that parent if they ever need to dispute a custody matter or want to request more access with their children in family court. Another parent being accused of drug or alcohol issues is not at all uncommon when fighting a child custody case.
However a parent getting a charged with driving under the influence could be viewed by the court as valid proof that justifies an earlier substance abuse allegation as truthful, which the court may see as being a serious risk factor to the children. When the court is determining the best interest of who the children are best primarily living with, a parent getting a DUI arrest can severely damage a custody case.
There are additional consequences that can happen as well upon a DUI offense conviction. Mothers Against Drunk Drivers (MADD) believes that a parent caught drinking and driving with a child in the vehicle is a form of child abuse. As a result, there are currently 46 states in the country which now have extra mandatory penalties for parents who get convicted or plead guilty to drunk or drugged driving with children under the age of 15 in the car.
My brother in law is trying to get joint custody of his son from his ex his son his now three months old and she has never allowed him to take his son he is only allowed to visit him at her house but he pays her $600 a month in child support (which is not through the courts just on his own doing) she still hasn’t allowed him to take the baby and says she won’t so now he is trying to get a custody agreement on paper. The only issue here is he just recently got a DUI which is his 2nd DUI he still has his job and his license and has signed up for his classes and his first DUI was right after high school and he’s almost 30 now I was wondering if this could affect his case? we live in West Virginia. Her excuse for not allowing him to take his son has always been that he’s too young but she has taken the baby out of state three times now on vacation.
Iam writing to get information for my girlfriend, approximately 8 or 9 months ago (just before Covid hit) she was arrested for DWI in NY state. She was the custodial parent of her 6yr old twins who were placed with their father. Her DWI was dropped down to a violation , she’s a special education teacher in good standing. This was her first DWI and has been drug tested twice a week, once scheduled and the other Random.She has come back clean every since her arrest and her children literally have to be dragged kicking and screaming from her house during the one day of visitation that she is given. She is a great mother who took very good care of her children, they had a structured schedule, only ate healthy meals and were well kept up. Now by keeping her kids from her is doing irreparable psychological damage to her kids. How can she regain custody of her children ASAP?
Can she regain primary custody? It’s definitely possible. Can it be done ASAP? Extremely unlikely. There are a few things here that need to be answered and speaking with one of our excellent child custody lawyers is the best way to move forward.
That being said, it is likely that a child representative (attorney for the kids) needs to be appointed to step in, investigate, and provide an opinion to the court. A great first impression needs to be made here – no other person (besides the judge) is more important than anything else. This person will tell the judge what he or she recommends – and the judge almost always follows the child representatives lead.
The main issue here is related to the DWI. Whether it was plead down, etc., doesn’t make much of a difference. Every judge knows that someone gets a driving under the influence charge and the states attorney will make a deal and kick it down to a lesser charge (sometimes even non-alcohol related). But, rarely does someone getting a DWI mean residential custody automatically changes hands with a few exceptions, such as: 1. the other parent now has no reasonable way to facilitate certain necessary transportation for the kids (like taking them to school, etc.); 2. the DWI resulted in a collision and/or someone was injured; or 3. The children were actually in the car when teh arrest took place (this is where a judge would call it a ‘serious endangerment’ and yank the kids away immediately).
Get a hold of one of our local child custody lawyers immediately and get started on this – she shouldn’t wait, it will only establish a more long term pattern with the father and make it harder for anyone to want to change. Remember, the primary thing here is what is in the best interests of the children – and switching homes back and forth is not a good thing unless there is a significant change in circumstances that warrants the change being made.
I’m pregnant and my now ex boyfriend has gotten 3 DUI’s since he was 19. He is now 23. First one was convicted, second one he was able to get dismissed, and third he is still fighting in court. He has also driven drunk repeatedly during our relationship. He says he went to rehab for 3 days and checked himself out because it was “stupid.” He is about to become a Sargent in the army national guard. He is saying if I don’t go through with an abortion he wants custody and I feel he isn’t safe to be around a child. Would I have a good chance of sole custody in court? I’m in NJ if that helps.
My ex father of my daughter got a dui with her in the car less than a year ago. They put a restraining order that protects my daughter from being around him, unless a judge says differently the restraining order is still active until 2022. However, he is now fighting me for primary custody and accused me of child abuse. A social worker already came to my house and spoke to me and everything seems good since the acusación are not true. Does he still have a chance in winning sole custody? Besides that he did also have a domestic violence case against me but I’m not sure the status of the case will that show in court to?
I am currently 35 weeks pregnant, jobless, but living with family. My ex is the father and got a dui a couple months ago. He claims that because I am jobless that I am an unfit mother and will take me to court but I feel as though due to his dui and regular drinking expenditures after the ankle bracelet was removed, that he is unfit. Could he take the child from me seeing as he does have a good paying job, and could provide better financially on his own even with a dui?
This man sounds abusive. Any individual that would attempt to scare a pregnant woman by saying he is going to take away a baby because mom doesn’t have a good job at the moment is abusive. If that is the sole reason for his attack, that is abuse. Now, obviously, if there are a multitude of other reasons for him making this threat, that is a different story altogether. But from what you have said, it sounds like an abusive relationship and I would certainly think that you have text messages, voicemails, and possibly other things to show a history or pattern of abuse by this man.
Yes, a DUI is not a good look for him i a custody fight. It shows that he puts peoples lives in danger and might not be able to be trusted with a child.
Also, a Court will not punish someone for not having a good job regarding custody with rare exception. Obviously if he was making $250,000/year, was a good man and you had numerous problems, were fired from multiple jobs, and did not have a stable home environment (ie. staying at different friends houses and bouncing around), that would be a negative for you. but being in your position, staying with family in a stable environment means that you are doing the right thing and his money should normally not have much of an impact at all.
Your best bet is to put as much evidence together of his abuse (mental) while you are in these critical stages of pregnancy to fight off his potential future attacks. And you should do all you can to better your own situation (as much as possible, given your pregnancy).
Finally, it is essential that you do not give him anything he could use against you – such as mean texts, emails, or voicemails. Do not let him make you act in a way that a judge could look at something and say that you were in the wrong.
A side note here – the vast majority of courts will NOT remove a child, for even long parenting time (like overnight with dad) if the baby is breastfed as well. So it would be a smart plan for you to read up on that topic as much as possible – its better for the baby, of course, too.
Although custody cases don’t begin until the baby is born, it is probably a good idea to get an experienced child custody attorney lined up – so give us a call.
My daughter, custodial parent, got arrested for OWI, with endangerment while having ger 10 yr old with her. The child (and sometimes get) has always lived with us. The father us a felon for OWI. , still drinks. What are his chances of getting custody? The child does not want to live (or even visit) him, but he does his visits on a regular basis. Pkease advise
My wife is very abusive to me she’s an alcoholic and she drinks and drive with all three of my kids how old is Kid is ten my middle. Kid is 3 and my youngest kid is 6 months old. She’s very abusive when she drinks and hits on me and very mean very very mean provocative language I’ve even gone the law to try to have this drinking and driving stop and no there is nothing a man can do except sit back and wait until one of his kids are dead that’s all a man can do over these laws I’ve done called so many times it’s unreal. And she’s not a light Drinker she’s a heavy whiskey Drinker and drink straight whiskey she’ll drink a fifth and just a couple hours. Takes all the bill money spends on alcohol I guess this is what God intends for me to live in there is nothing I can do to get her. She’s very very abusive to me
If this is happening in your home you need to document it. Get a lawyer and find out what the laws are for home monitoring (like nanny cam in the living room or kitchen) and file for divorce and custody. If documented proof is provided that she is an alcoholic or binge drinker and is abusive in front of the kids, your lawyer will present this to the judge, possibly even a child representative, and the judge will not allow your kids to be put in harms way. But you can’t sit back, you have to act and do so intelligently and make the right moves. this means you need an attorney.
Thank you for helping me learn more about DUIs and child custody. Unfortunately my nephew recently got a DUI and is going through a divorce. He will be interested to know that even though his little wasn’t in the car that it could still get a social worker involved.
My ex was .28with my son in the car,drove through a telephone pole and a billboard(with my son in car AND not in car seat properly) she got a simple dui and got off on everything with a PTI(IN NJ) the judge wanted to go back to shared custody immediately after her rehab with no supervision! To top it all off she drove again with my son in the vehicle while drinking and not in a car with state mandated shift interloc,again simple ticket and even know she is on a PTI for the same thing….. parole officers and courts did not care. I think the laws are talked up to be more then you think and are easy to beat with a good lawyer.
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