Could a DUI Charge Impact Your Custody Agreement?


Getting arrested on a DUI charge is a harrowing event that will likely have consequences for you for years to come. But the situation can suddenly get so much more complex and dire if you happen to have a child and a custody arrangement. 

In the immediate aftermath of your DUI charge, you need to get yourself a competent attorney to represent you.

Whether or not your rights to your child will be altered largely depends on what the other parent does, what your history is, and whether you can create a compelling case that your arrest is not part of a larger pattern of your personality.

DUI Charge: Does It Affect My Custody?

The first and most important thing to do after your DUI arrest is to find yourself competent legal representation, preferably someone with experience dealing with drug charges and DUI charges. Take a look at some more info on a quality attorney.

Next is to get yourself together. There can be no more screw ups after your DUI charge if you want any chance of keeping your child custody arrangement.

The good news is, in the immediate aftermath of your charge, you are not likely to have anything happen in terms of alterations to your custody arrangement.

If the other parent chooses to do so, they may petition the court to adjust the custody arrangement immediately, so it is important to be on the lookout for this. Despite this fact, you are not likely to immediately lose any significant rights or custody.

With that said, if you have a history of DUI arrests or drug charges, that could significantly change things

Factors Going Into Your Custody Battle

Getting a DUI charge in of itself does not terminate any rights or custody agreements automatically. With that said, it is the various factors and life experiences you have had that may tip the scales one way or another.

For example, is this your first DUI arrest? If not, the chances of you keeping custody should the other parent go after you go much lower. 

Do you have a long history of drinking to excess or drug use? If so, you may be in danger as well.

Following a DUI arrest, even if the other parent does not choose to go after you, you still may be in trouble if child services catches wind and decides to investigate.

in such a situation, there is very little you can do other than put your best foot forward in trying to show that your DUI charge was nothing more than a fluke and a terrible lapse in judgment. Ultimately, child services can have great sway in whether or not you get to maintain your parental rights and custody arrangement. 

One final major thing to consider is whether or not you still have the means to adequately care for the child. For example, getting a DUI often results in your license being revoked. How can you get your child anywhere if you have no transportation? 

More than this, what if you lose your job and have no income? Many people suffer job losses following an arrest, and it does not bode well for you if you lack an income when the time comes to go to court.

Tips on Raising Children, Romance, Marriage

While a DUI charge can mess with every aspect of your life, there is no worse prospect than losing your child custody rights.

Be sure to get yourself a competent attorney and get yourself together in order to have the best chance of keeping your arrangement.

If you would like to learn more about child-rearing or saving your relationship, check out the rest of our blog.

Jeff Campbell

Jeff Campbell is a husband, father, martial artist, budget-master, Disney-addict, musician, and recovering foodie having spent over 2 decades as a leader for Whole Foods Market. Click to learn more about me

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