What Factors Do Courts Consider in Determining Child Custody?
When family courts rule on child custody, the standard guiding principle is the child’s best interests. Many factors influence the determination of whether each parent can effectively put the needs and welfare of the child first before they can be granted custody. Being charged and convicted of a DUI offense can significantly affect the outcome of your custody case.
The charges could raise concerns about your fitness as a parent and your ability to keep your child out of harm’s way. If your ex-spouse is spiteful and wants revenge against you, they could have their attorney use the charges as a strong point to try to gain more custody of your children. So, hire aggressive Colorado Springs criminal defense lawyers to fight for your child and your rights.
What’s the Impact of a First DUI on Your Child Custody Case
The impact of a first DUI, in and of itself, may be insignificant on child custody determination and may not affect your existing parental rights. Judges understand that people sometimes make poor decisions and could exercise leniency if you’re a first-time offender. One mistake doesn’t mean you should be labeled a bad parent or a risk to your child’s welfare.
Having skilled Colorado Springs DUI lawyers representing you during trial can enhance your chances of a favorable outcome. They can help you develop a strong defense strategy to protect your custody rights.
What’s the Impact of a Second and Subsequent DUI on a Child Custody Case
If your criminal record contains two or more DUI convictions, the court could see that as evidence of poor judgment. It could also be a subtle indication of alcohol addiction, directly affecting your ability to care for your children properly. The charges can weigh heavily on determining child custody, significantly reducing your chances of winning.
Additionally, losing your driving rights could affect your parenting time arrangements, making it more challenging to keep up with the scheduled times. For example, you might be unable to pick up and drop them off at the required time or drive them to their extra-curricular activities. Judges may consider these limitations when deciding the most favorable arrangement.
What Happens if Charged with a DUI When My Children Are in the Car?
Your judgment as a parent is a critical consideration in child custody cases. Operating a vehicle while impaired with the children in the car is considered child endangerment. You could face additional charges depending on the severity of the danger the child faced.
You don’t want the charges on your record when you stand before a judge to ask for custody of your children. So, consider hiring aggressive and experienced DUI attorneys in Colorado Springs to help you fight the charges to enhance the chances of a favorable outcome in the custody case.
How Does a DUI Affect Your Child Custody Rights?
A DUI charge or conviction places various painful limitations on how and when you spend time with your children in the following ways:
- May reduce your parenting time
- You may require supervision during your time with your child, especially if you committed a violent crime and a DUI.
- There might be a need for changes in the child’s primary residence
- You may be subjected to alcohol testing or treatment as a condition of parenting time
- You could be prohibited from driving with the child in the car
Failure to comply with these requirements could threaten your rights to have a say in your child’s upbringing. A DUI puts your parental and child custody rights at stake, but skilled criminal defense attorneys in Colorado Springs can defend you against the charges to protect your rights so that you can fight for your children’s custody without any impediment.
How Can I Navigate a Child Custody Case with a DUI Record?
If you’re fighting for your child’s custody but have a DUI on your record, you should take proactive steps to strengthen your case and enhance your chances of getting a favorable outcome.
Some strategies that may help your case are:
- Seeking professional help: Hiring skilled DUI attorneys in Colorado Springs can help you prepare adequately for the DUI proceedings. They can fight to have the charges dropped or reduced so that the record doesn’t adversely impact your custody case.
- Address any substance addiction issues: Show the court that you’re working on addressing substance abuse issues and have completed any recommended treatment programs. Evidence of your sobriety commitment, such as attending counseling, could help your case.
- Create a safe and nurturing environment for your children: Work toward creating a stable and nurturing environment. Check to see that the living arrangements suit them and that you can provide the support and security they need to thrive.
- Maintain a clean driving record: Following past DUI charges or convictions, it’s also essential that you demonstrate responsible behavior by avoiding additional traffic violations or incidents. A positive driving record can help balance out the negative impact of past DUI charges.
Learn Your Legal Options When Faced With a DUI in a Child Custody Case
Drunk driving charges and convictions can adversely affect your life and impact the outcome of your child custody case. Repeat offenses could taint your image as a person struggling with substance abuse, which endangers your children’s lives. When going for trial for a DUI, enlist the help of skilled DUI lawyers in Colorado Springs to help you beat the charges.
Joyner Law is a reputable law firm with skilled criminal defense lawyers who can come to your defense. We are experienced in building winning DUI defense strategies for our clients and believe your mistake shouldn’t define your future. Call us at (719) 294-0566 to schedule a FREE case assessment.