A DUI can be a significant setback for a parent who wants custody of children in California. A single DUI can adversely affect a parent’s custody of their child. It is important to realize that California courts always put the best interests of the child first when deciding cases. They look at every issue from all angles to determine if a child’s safety, health and well-being is at risk.
When a parent has been arrested for driving drunk, it can be a big challenge. If this parent has been charged and convicted of drunk driving, they might ask themselves the following question: How Does a DUI Affect Child Custody in California?
Every situation is unique and no two cases are the same. When an accident, hit-and-run, or injury occurs because a parent is driving under the influence, speaking with an experienced DUI attorney in Los Angeles is the first step in the right direction. However, if the child was in the car with the parent when they were arrested for drinking and driving, they would have to fight an uphill battle. Either way, getting in touch with a lawyer is a smart move.
How does a court determine the best interests of a child?
In a California child custody case, the judge has the best interests of the child in mind. It is reasonable to ask how a court determines what is in the best interests of the child.
Above all, the health, safety and welfare of a child is what a judge is most concerned about when dealing with child custody. Before examining the facts, the court assumes that it is in the best interests of the child to have constant and regular contact with both parents, not just one. But if the evidence shows that spending time with either parent puts their health, safety, or well-being at risk, then that parent may lose custody of their child.
If a child’s parent is an alcoholic, this can work against them, especially if they are known to have been driving under the influence.
When Can a DUI Affect Child Custody in California?
Parents can lock the horns over several issues, especially when child custody is at stake. In order for a parent’s custody of their child to be limited or revoked, a court needs proof that the child’s best interests are not being protected or endangered. If one of the parents involved in a custody dispute is known to drink alcohol on a regular basis, this can be used against them.
Police reports and court documents can be some of the evidence used against a parent to strip them of some or all of their custody of children in California. Information or documents from probation offices, social services, medical or rehabilitation facilities can also be evidence. These elements can help one parent build a solid argument against the other.
Most importantly, a drunk driving conviction can affect a parent’s ability to retain custody of their child.
How much weight does a court give in determining custody of children in California?
A drinking and driving conviction does not mean that a parent’s custody case is lost. Courts and judges do not treat every conviction equally. They look at the elements that contributed to the conviction to form an opinion on the matter.
Time is a key factor. If a parent was convicted of drunk driving ten years ago, that is not the same as being convicted within the last year. Maintaining sobriety for a consistent period of time can help offset a past conviction of DUI.
If it can be shown that the parent convicted of drinking and driving has recently been convicted of it, this can be a challenge. If there is other evidence supporting her alcohol abuse, a court may strongly consider changing the current custody agreement between the child and her parents. Suppose this evidence shows that the child was in the car with the parent while driving under the influence of alcohol. In this case, the evidence is more likely to affect future custody of the child.
How can child custody be affected by a DUI?
In certain circumstances, a judge may rule that a parent’s conviction for drinking and driving is so serious that their custody should be reduced or removed altogether. When one parent is awarded sole custody, it can be a devastating blow to the other parent. Her life has changed forever, and not for the better.
Other arrangements the court may consider may include supervised visits to the parent convicted of drinking and driving. If the parent convicted of drunk driving is willing to be rehabilitated and treated for alcoholism, a court may grant visitation rights or joint custody. In some cases, visitation or joint custody only requires a test.
Why should I hire a Los Angeles California DUI Attorney?
When faced with a DUI charge, a competent Los Angeles DUI attorney is needed. Often the driver who is arrested for a DUI is unaware of how dangerous their situation is. A DUI is one of the most costly offenses a person can suffer and it can affect child custody.
At Los Angeles DUI Attorney, we believe you can move on from your DUI and move on with your life. To get started, all you have to do is provide us with the basic details of the case. Then we match individuals with one of our attorneys who offer free comprehensive case reviews.
Being charged with DUI doesn’t mean someone should throw in the towel and give up. Contact us today so one of our Los Angeles DUI attorneys can fight for your freedom and future.
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