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Will a DUI charge affect my child custody battle?

Picture1A DUI charge could affect your child custody battle, but it is not a deal-breaker by any means. When you’re going through a divorce and you’re fighting for child custody, there are many factors at play: your background, your occupation, your financial stability, your schedule, your location, and more. Your criminal history is also considered during this process. Any kind of criminal conduct is taken into consideration during these proceedings.

However, one major factor that determines how much your DUI will be taken into consideration during child custody proceedings is how amicable the divorce has been and how you and your ex-spouse are going about the process.

Have you hired one attorney to act as a mediator? Has child custody been a battle or a discussion? Child custody isn’t necessarily a court proceeding. Sometimes, it is decided with a few people in a room—you, your spouse, and your attorney(s)—coming up with the best solution for you and your children. There is no judge or court official present; instead, you are coming up with more of an agreement. In this situation, it is not likely that your DUI charge and criminal history would necessarily be a deciding factor.

We do know though that not all divorces are amicable, and many end in stressful, contentious child custody battles. And if that is the situation you find yourself heading toward, it is important to start thinking about these things now, not in the middle of your custody court appointment.

Speak to a family attorney who has experience with this kind of custody battle and who understands what steps to take to minimize how much your DUI affects your situation. Your attorney might advise you to undergo alcohol treatment or some other kind of therapy in order to show that you’ve taken as many steps as possible to overcome this. However, every case is different. And if you work with an experienced Cincinnati, Ohio, family attorney, he or she will advise you based off of the specifics of your divorce and your DUI record.

To learn more, please contact The Farrish Law Firm, L.P.A. Our DUI attorneys and domestic relations lawyers here in Cincinnati, Ohio can help you through this custody battle and hopefully come up with a solution that is best for you, your children, and your family.