The Impact of a DUI During a Child Custody Battle

Driving Under the Influence and Child Custody battles are never two things anyone wants to have to endure, especially when they are co occurring simultaneously. When enduring a child custody situation, each parent will find they are under a high level of scrutiny. As a result, a DUI charge can have a big impact on the outcome of a child custody dispute. If in the process of dealing with both of these issues at the same time, it will be important for a person to consult with a practiced family law attorney.

Is Substance Abuse an Issue?

Being charged with a DUI may have no impact on how you parent your child or the attachment they may have with you. Regardless of this, a DUI on your record will not paint you in the most positive light when the judge is determining where the child will reside.  Everyone has lapses in judgment, making DUIs one of the most common types of criminal charges a person may receive. Despite this, when in a child custody dispute, it may raise questions for the judge or opposing counsel. They may even ask to take a deeper look at your substance abuse to determine if there is a deeper problem. If the other party has concerns, they should raise awareness of this to the courts.

It’s important to note that if the child(ren) were in the car at the time the DUI charge occurred, it could have a greater impact on the type of access a parent have to their child. A judge could even order that children can only be seen during visits that are supervised by someone.

Signs of Alcohol Abuse

There are some telltale signs that a person has a drinking problem. It may make sense to take this into consideration if you have concern that your ex spouse has a drinking problem.

  • Lying about how much they drink
  • Hiding their drinking
  • Regularly drinking too much or not being able to stop
  • Unable to quit drinking
  • Isolating themselves from friends and family

Substance abuse can have a serious impact on parenting:

  • Creates chaos in the home
  • Inconsistent parenting can be confusing to children, sending them mixed messages
  • May put them at risk of violence
  • Leave them feeling fearful or like it’s their fault
  • Cause them to be parentified due to taking care of their parent or other children in the home.

Whether it was you or your ex spouse who picked up the charge, it’s highly likely that receiving a DUI will have an impact on your case in some way. Consulting with a family law attorney or child custody lawyer in Arizona or your local area, will be helpful in figuring out how to manage the situation amidst child custody conflicts.

Thanks to our contributors from Hildebrand Law for their insight into the impact of DUI during a child custody battle.

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