Getting charged with a DUI can be frightening. If convicted, you are potentially looking at a number of punishments, including fines, jail time, a suspended license, or alcohol rehabilitation classes. DUIs are costly mistakes that end up on your record. To make matters worse, if you have a child custody agreement, your child’s other parent may use your DUI as an excuse to relinquish your custody rights.
Are you concerned that your DUI charge will negatively impact your custody agreement? If so, call the family lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. We will review your matter with you and discuss possible outcomes. For a no-cost consultation, call (419) 625-7770, or use our online contact form.
Factors Examined for Child Custody Modification
Your child’s other parent will likely want to make a big deal out of your DUI charge, but the court will take time to examine other factors. They may want to know if:
- You’ve had prior DUI convictions
- Your children were in the car when you were pulled over
- You have had your license suspended
- You have any other arrests or any factors that point to a dangerous living situation in your home
Every case is different, and making some mistakes doesn’t necessarily mean you will be forced to give up all parental rights. But you should be aware that your past will be scrutinized, so you should prepare your best defense.
Possible Effects of a DUI on Legal and Physical Custody
It’s possible that you won’t be awarded certain custody rights because of your DUI charge. For example, if you’re requesting joint legal custody of your child, the court may agree. Legal custody allows you to have an equal say in how your child is raised, so you and the child’s other parent will make decisions together about things such as your child’s schooling, religious education, doctors, and extracurricular activities.
If, however, you have filed for joint physical custody, you may be in for a bit of a battle. Having a DUI charge may make you appear as if you prioritize drinking and socializing over spending time with your child. Your child’s other parent may also express concern about your son or daughter’s safety when you are driving them around, given that you were accused of driving while intoxicated.
Worried About How Your DUI Will Affect Your Custody Agreement?
If you’ve been convicted of a DUI and are worried it will affect your custody arrangement, you likely have several questions and concerns. It won’t be easy to convince your child’s other parent and the court that, despite your DUI charge, you are still a reliable parent. That’s why you will need help from an experienced Ohio family lawyer. At Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA, we will build a defense to show that mistake doesn’t define who you are. We will fight the court to ensure that you retain your custody rights. That way, your child can continue to have you present in their life.