A conviction for driving under the influence (DUI) does not automatically remove your child custody rights. However, the court can consider these charges when making child custody decisions, and a conviction may work against you in a custody battle.
It is essential to realize that the courts in California always consider a child’s best interest when deciding on cases. They look at every issue from all angles to determine whether a child’s safety, health, and welfare are compromised.
You can learn more about how a DUI affects child custody in California with a Los Angeles DUI lawyer.
In What Ways Can a DUI Affect Child Custody?
In some circumstances, a judge can rule that a conviction for driving under the influence is severe enough that it should limit custody or strip it away entirely. Having a court grant sole custody to one parent can be a crushing blow to the other parent.
Other arrangements the court may consider in cases involving abuse of alcohol and childhood custody can include supervised visitation with the parent convicted of driving under the influence.
If the parent convicted of driving under the influence is willing to be rehabilitated and treated for their alcoholism, then a court might award them visitation rights or joint custody. Sometimes, the court only requires BAC testing for visitation rights or joint custody.
When Can a DUI Affect Child Custody in California?
A court will require proof that a child’s best interests are not being met or are at risk before restricting or taking away child custody rights. If one of the parents involved in a custody dispute is known for drinking alcohol habitually, lawyers may use this information against them.
If a parent drives under the influence, that can be a big challenge. Each situation is unique, and no case is the same. If an accident, a hit-and-run, or injuries occur due to the parent driving while under the influence, speaking with a skilled Los Angeles DUI attorney is the first step in the right direction.
However, if the child was in the car with the parent at the time of the arrest for driving under the influence, they would have to fight an uphill battle. Either way, connecting with an attorney is a smart move, and a lawyer can explain how a DUI affects child custody in California.
How Does a Court Determine the Best Interests of a Child?
In a California child custody case, the judge has the child’s best interests in mind. It is reasonable to ask how a court determines what is in the child’s best interests.
When custody is at stake, a judge is most concerned with a child’s health, safety, and welfare. Before reviewing the facts of the case, the court starts by stating that it is in a child’s best interest to have continuous and regular contact with both parents, not just one.
However, if the evidence shows that spending time with one of the parents will jeopardize their health, safety, or welfare, then that parent may lose physical custody of their child. Evidence may include:
- Police reports
- Court documents
- Documents from the probation department
- Reports from social services
- Records from rehabilitation facilities or medical facilities
These elements can help one parent build a solid case against the other. If a child’s parent is an alcoholic, this can work against them, especially if they have a track record of driving under the influence.
In the end, a CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol conviction can be a significant setback for a parent who wants child custody in California.
Do You Lose Custody After Any DUI Conviction?
Being convicted of driving under the influence does not mean that a parent’s custody case is a lost cause. 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.
Some factors considered by the court include:
When the DUI Occurred
Time is a key factor. If a DUI conviction occurred 10 years ago, that is not the same as being convicted within the past year. Maintaining one’s sobriety for a consistent period can help make up for being convicted of a DUI in the past.
This can be a challenge if a lawyer can prove that the parent was recently convicted of driving under the influence.
Other Signs of Alcoholism
If there is other evidence that demonstrates alcohol abuse, a court may strongly consider altering the current custody arrangement between the child and their parents.
Signs of Alcohol Usage Around the Child
Suppose evidence shows that the child was in the car with the parent while driving under the influence. In that case, the possibility of the evidence influencing the future of the child’s custody is greater.
Additionally, a driver may face harsher charges under CA Penal Code 273a – Child Endangerment.
You Can Face DUI Charges with Legal Help
An attorney can help if you face a charge for driving under the influence of alcohol and are worried about how it will affect your parental rights. Working with a lawyer can help you keep a DUI off of your criminal record because an attorney may take steps to:
- Get your DUI charges reduced
- Have the court dismiss your DUI charges
- Aggressively represent you in court
Getting professional help with a DUI charge can also help you avoid jail time, fines, and the loss of your driving privileges.
Talk to a Lawyer About DUIs and Child Custody Arrangements
How does a DUI affect child custody in California? A DUI can make a custody battle much harder, sometimes preventing you from seeing your child. Therefore, you must face these charges head-on with a professional DUI lawyer.
Our team can match you with criminal defense attorneys who offer free, comprehensive case evaluations and can help with the DUI charges you face.
Being charged with a DUI is not when someone should throw in the towel and give up. You can call or fill out our online contact form if you need legal representation after an arrest.
