How Will a DUI Affect Your Custody Schedule?

The charge of DUI is a serious matter that California divorce courts take seriously. In other words, a DUI – under some circumstances – can directly affect your child custody schedule. Because your parental rights are paramount, you shouldn’t wait to consult with an experienced California child custody attorney if you find yourself in this difficult position.

The Best Interest of the Children

In California child custody cases, the court always bases its decisions on the best interests of the involved children. If you have a DUI conviction on your record, it can play a role in how your case is determined. Some of the concerns the court will consider in relation to your circumstances include all the following:

• A DUI conviction can lead to suspension of your driver’s license, which could have a bearing on your parenting time schedule.
• If your DUI leads to a jail sentence, you’ll be unavailable to fulfill your parenting responsibilities during that period.
• A DUI conviction can raise concerns with the court regarding your ability to provide your children with the kind of safe, stable home that serves their best interests.

Ultimately, California courts assess each parent’s overall fitness when making child custody determinations, and while your DUI is only one element of this, it is, nevertheless, a serious factor that will be given serious consideration. 

Assessment for Substance Abuse

Under some circumstances, a DUI can initiate a mandatory substance abuse assessment and treatment program. Those who face DUI charges can also choose to seek treatment. Successfully completing a treatment program can send a clear message to the court that you are committed to addressing your substance abuse issues and to being the best parent you can be for your children and, as a result, may improve your standing in terms of parenting time.

Child Custody Modifications

If you already have child custody arrangements in place and you are hit with a DUI, it can put your parental rights in jeopardy. If your children’s other parent seeks a modification, the fact of your DUI conviction can work against you. It’s important to note, however, that the burden of proving that a modification is warranted falls to your ex, and they will be required to demonstrate that your DUI is not in keeping with your children’s best interests and negatively affects their overall well-being. If one of your children was in your car with you at the time, for example, the implications for your parenting time schedule could be far more serious.

Reach Out to an Experienced California Child Custody Attorney for the Help You Need Today

The accomplished child custody attorneys at Bamieh & De Smeth in Ventura and Santa Barbara recognize how important your parental rights are to you and will leave no stone unturned in their focused efforts to protect them. One mistake doesn’t make you an unfit parent, so don’t delay reaching out and contacting us online or calling 805-643-5555 for more information about what we can do to help you today.