Drunk driving offenses occur frequently and are not usually felonies in most cases. On the other hand, a DUI could have negative effects in child custody cases. Here are three common ways a DUI could impact a child custody case or arrangement.
1. A Parent Could Use a DUI Offense Against The Other Parent
A DUI offense or conviction could affect a child custody order if a parent decides to use the other parent’s DUI history against them in court. This is a massive risk, particularly if the DUI points to alcohol abuse or if it’s not the parent’s first DUI conviction. For example, you can request the court to give less parenting time or physical custody of your child because of the other parent’s alleged unsafe and unhealthy conduct.
Courts take DUI offenses and evidence of potential alcohol abuse extremely seriously, such that even a first DUI offense and other warning signs that point to the other parent possibly endangering a child could suffice for the court to give the parent less parenting time or take away their physical custody rights. Additionally, if you are the other parent who the DUI conviction did not occur, can ask for services like Soberlink or similar services where a parent has to use a breathalyzer in order to have visitation. If you feel that endangerment is a possibility, contact an experienced Georgia child custody lawyer immediately.
2. You Might Lose Your Income
If you have to take time off work to go to court for your DUI case or have been convicted of DUI and have to go to prison, you will lose some or a lot of your income. Also, on how long you’ll be locked up. You will likewise have to pay hefty fines and fees related to your DUI case. Consequently, depending on your specific financial circumstances, your financial health may be greatly affected. This will undoubtedly affect how the court will view your ability to provide for your child.
3. You Might Lose Your Driver’s License
Many DUI offenders lose their driver’s licenses for up to one year. Without your license, you might need to rely on public transport or rides from other people. This arrangement could work if you live near your other child’s parent, who has custody. Otherwise, not being able to drive could make your parenting time arrangement more difficult to work out. Also, you may have a hard time taking your child to and from school, doctor’s appointments, or extra-curricular activities, among others. The other parent could use this to reduce your parenting time or attempt to seek full custody of your child.
Contact a Skilled Child Custody Lawyer in Georgia
Each child custody case will come with its own unique circumstances. However, a DUI offense or conviction will certainly be a significant factor when courts decide on child custody and parenting time arrangements.
If you or your child’s other parent has a history of DUI, reach out to the law office of Banks, Stubbs & McFarland LLP. Our Georgia child custody lawyer can determine how a DUI can impact your child custody case or order to help preserve your child’s best interests. You can reach us online or by calling 770-887-1209 to arrange your consultation.
