Will a DUI Affect my Child Custody Case?

For any parent, the most important opportunity available to them is to be able to share time with their child. When you are a parent who is in a relationship with another parent, the opportunities of child custody becomes determined by the court system. The child services court is designed to provide a child with the healthiest atmosphere to be raised in to have the best life. This can often lead to a significant amount of turmoil within these courts as mothers and fathers fight to get the greatest amount of custody of their child. When fighting for custody, one element that may come into question is seen with a history of DUI convictions.

How A DUI Can Affect A Child Custody CaseDriving under the influence can represent a sign of your irresponsibility that is often brought up in court. Having this conviction on your record represents a clear sign you have the possibility of being irresponsible and this can impact your opportunities with child custody. To fully understand the impact a DUI can have on your custody battles, it is important to look at elements such as legal and physical custody.

When it comes to legal custody, many parents share this responsibility equally. In Chandler Arizona, the rules of legal custody helps to decide the percentage of responsibility parents have when it comes to making decisions in a child’s life. This can vary from something as large as medical responsibilities to something smaller such as decisions on where a child plays sports. When a parent has a DUI on the record, the permission to have equal legal custody comes into question based upon the adult’s prior history of making irresponsible decisions. If you are ever ticketed for driving under the influence, it would be advisable to hire a Chandler Arizona DUI lawyer to have this removed from your record.

The other form of child custody that can be impacted by having a DUI on your record is found with physical custody. This represents your ability to see a child on a regular basis through unsupervised visits. When a person has a DUI on their record, it shows a certain level of risk for a child when they are with that parent. This can significantly impact the amount of time you are granted to spend with the child as well as whether these visits are supervised or unsupervised. Courts specifically look at records, such as your driving record, to identify a pattern of responsibility and safety for a child.

While the court system may not specifically look at your Chandler driving history, when another parent brings this information to court it becomes relevant. Taking advantage of a resource like a DUI attorney can prove highly valuable when you are battling a driving under the influence citation. Since your custody rights are being threatened, it is important to have this either dismissed or expunged from your driving record. The utilization of this lawyer can provide you with the best opportunity to accomplish this so you do not risk losing custody of your child as a result of poor decisions you have made in the past.

Custody battles are often brutal as parents fight to take control of the child and gain the greatest amount of responsibility. There are many things that are working against the parent so it is important you display your own levels of responsibility to attract the courts appeal. Having a DUI on your record can be devastating when an individual is seeking legal or physical custody of the child. If you have recently gotten a DUI citation or are fighting one in court, make sure you take advantage of a DUI lawyer to support a more positive outcome.

* This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

Guest Blog Written By:

Law Firm of Jason R. Smith
6909 W. Ray Road, Suite 15
Chandler, Arizona 85226
Office: (480)344-3443

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