It's never a good situation when you're facing a DUI, and it's particularly bad when you could have your custody case affected by it. If you're going through a divorce and get a DUI, it could show a judge that you don't make good decisions. It could put your ability to parent in question, too.
There is no question that a DUI can hurt your child custody case. It can lead to questions about whether or not you're abusing alcohol, and it can lead to concerns that you pose a threat to your children.
What should you do if you're arrested for a DUI while getting a divorce?
To start with, you need to reach out to your attorney right away. Your attorney can help you minimize the impact of the DUI including seeking the dismissal of the case in situations where the officer did not have a right to pull you over. In some situations, it's possible to limit the impact of a DUI significantly.
The next step is to follow any instructions you're given to put yourself back in a better light. If there is a question of alcohol abuse, you may want to take a voluntary treatment. If there is a question of your ability to parent, taking a parenting class could bolster your chances of getting the custody rights that you want.
What's most likely to happen if you have a DUI and are seeking custody?
There is no guarantee that you will or will not be affected by a DUI while fighting for custody, but chances are that it will hurt your case. If you're seeking physical custody of your child and have a record of DUIs or have been showing reckless behavior recently, then you may lose that battle.
On the other hand, if you're seeking legal custody, the DUI isn't as likely to affect your rights. Typically, it isn't believed that a DUI will affect your opinion or decision-making abilities on things such as where you want your child to go to school or what kind of cultural education you're going to encourage.
In the end, a DUI can have a significant impact if it isn't taken seriously. Your attorney can help you show that the DUI will not affect your ability to parent and work to help you get the custody rights you want regardless of the mistakes you've made in the past.