Driving under the influence can not only be financially draining, but it can be emotionally damaging as well. It is not uncommon for a stressful situation to contribute to poor decision-making. If you are in the middle of a divorce and are caught driving under the influence, this can make a custody battle far more difficult than it originally was. It seems that sometimes problems keep piling up, and being arrested at a time when you are fighting for custody can put you in what may feel like an impossible situation. Consulting the child custody experts at Vayman & Teitelbaum can provide you with everything you need to know about your rights to child custody.
The Impact of a DUI on a Child Custody Case
Although a DUI conviction can be damaging on a child custody case, it does not mean it is the end of the line. The judge that oversees your child custody case will consider the DUI conviction, but that is not the only thing he or she will analyze. The judge will consider your past as well as present behavior. If you can show that there are not any other problems outside of the DUI conviction or any further alcohol-related incidents, there is still a chance you could receive child custody and/or visitation rights.
Transporting Children Following Conviction
If you are convicted of a DUI offense, you may no longer be allowed to transport a child in your vehicle. Even if you are given joint custody, this driving restriction could be a problem when regular visitation times are set.
There are three factors that may determine whether you can transport a child following a DUI conviction:
- Was this your first DUI conviction or have you been convicted of a DUI previously?
- Were there any children under 14 years old in the car when you were arrested?
- Can your spouse’s divorce attorney argue that your DUI arrest is just one more indicator of a serious drinking problem?
A Child’s Welfare
One of the biggest problems you may face when seeking child custody is the opposing divorce attorney. The attorney could use your DUI conviction against you and attempt to prove that your drinking is far more important to you than your child. Witness statements, receipts from restaurants and bars, or past legal problems can all rear their heads again. While going through a custody battle, it is important to be as careful and cautious as you can. Your child’s welfare is important and you must prove that having custody is in your child’s best interests.
A DUI can greatly affect your attempts to gain custody of your child. However, it does not always have to end your hopes of gaining custody.
Vayman & Teitelbaum
The law firm of Vayman & Teitelbaum can provide you with legal guidance when it comes to visitation and custody. With four locations in Georgia, Vayman & Teitelbaum, Attorneys at Law, is available to give you insight in visitation and custody laws. Visit our dedicated child custody page to see how we can help you. If you have any questions, contact us and let our experienced attorneys in family law go to work for you.