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Will I lose custody of my children because of my DUI?

On Behalf of | Sep 19, 2022 | DUI

A DUI charge can be stressful and scary to face. You might worry about losing your job, your driving privileges or your freedom.

As a single parent, you are likely also worried about the impact of a DUI on your children.

DUI and child custody

When modifying child custody or visitation, the court must consider the best interest of the child. If there is reason to believe your child is in danger, this can affect your custody and visitation. However, a DUI charge does not automatically mean your child is not safe with you. The court should also consider the importance of parental relationships and the negative impact of denying visitation.

The court should also consider your ability to care for your child. If you are unable to drive due to a suspended license, it may be necessary to modify your arrangement temporarily so that your child can still get to school, activities and appointments. However, if it is your first offense, you may be able to avoid license suspension if you agree to use an ignition interlock device.

DUI with your child in the car

If your child was with you at the time of your arrest, the consequences will be more severe. Not only can you face double the normal penalties, but you might also face a child endangerment charge, which will likely impact your custody arrangement.

A DUI can affect all aspects of your life, including your child custody arrangement. When deciding whether to modify your custody or visitation, the court will consider your history, the severity of your offense and the best interest of your child.