Will I lose visitation rights if I have been charged with a DUI? 51 Answers as of August 24, 2011

DWI is a B misdemeanor, I don't believe it will help in a custody battle, but doubt that it would cause you to lose your visitation rights. I do not do any family law and haven't in more than 10 years. You may want to discuss the impact of a DWI with your family lawyer. In terms of preventing the impact, I would suggest that you hire the best DWI lawyer in your area and win the case. Good luck

Really nothing unless it becomes an issue. I highly doubt that 1 OWI would impact your custodial rights.

Anything can happen in family court. This is not a good thing for you but you will probably want to have an attorney present the best possible case for you in court to protect your visitation rights.

The issue you've raised is so important, it is probably worth consulting with your divorce attorney. If you do not have one, you should find an attorney to work with you. If there has never been any allegation of alcohol abuse in the past, it may not be a problem. On the other hand, if your wife is looking for an excuse to get more time with the kids, she may lie and say there is a history of alcohol abuse. Do the smart thing and hire a good criminal defense attorney for the OWI and a family law lawyer to consult with regarding the custody issues.

One DUI would unlikely affect your visitation or custody. Best to confer with a family law attorney however. If the DUI was with the children in the car that is much more serious. If you have multiple DUI's that could also affect your visitation or custody.

Get a lawyer if your wife attempts to use your dui charge against you. You will still be able to see your kids. If the judge has concerns, they can be addressed without cutting you off from your kids totally.

No.

Being charged with DUI may complicate matters in a child visitation matter. However, the most important thing to remember is that it is probably best to fight your charge. If you are exonerated that will likely assist you. You should hire an attorney that will fight for you.

This is a family law question. I suggest contacting a family law attorney where you live and asking this question.

Get a good atorney if she starts this AND STOP DRINKING!!!!

Since I practice Criminal Defense and not Family law I cannot tell you definitively how a probate judge will treat your DUI. However, I can tell you that I have represented a lot of single parents who have not lost custody of their children. Of course I would certainly recommend that you hire a very good Criminal Defense lawyer and get the best disposition possible on your charge. If this is a 1st Offense DUI, there is no need for you to lose your license for more than a short period of time, if at all.

It is doubtful that a DUI conviction would limit your visitation rights. The judge might ask for you to refrain from drinking and go through counseling.

I don't think that a DWI conviction will affect your visitation rights. At the very worst, the court might be a little concerned about you driving them around and therefore may want to know some of the details of the alleged offense.

I no longer handle dissolution or custody matters, but it is unlikely a simple DUI would result in change of custody, unless your kids were in the car with you, or you put them in jeopardy or neglected them in some other way related to drinking. The DUI does show lack of concern for your safety and societys rules. That is what your spouse would argue if she tried for custody. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. Of course you can fight the DUI charges.

You should not lose visitation rights merely for being charged with a DUI, although the domestic court may require you not transport your child with you driving. This is really an issue for the domestic relations judge to decide, not the DUI court.

A conviction of DUI could have an impact on custody or visitation with minor children. Considering hiring an attorney to contest the DUI.

Alcoholism is a factor a court can consider in determining visitation. Having a DUI, however, does not mean you are an alcoholic. Having a DUI conviction in which you are assessed as being an alcoholic or petitioning for a deferred prosecution (which requires an admission of being an alcoholic) would probably weigh against you in determining visitation. A court is going to look at whether your drinking effects your parenting so you may consider asking if the matter goes to court (at your expense) to have a Guardian ad Litem appointed to evaluate the matter. You can also agree to regular U/As or recommend supervised visitation if the court is seriously considering modifying the visitation agreement. Between a DUI and a possible custody battle you might, if you can afford, to consider hiring a lawyer since that is a lot to handle without professional assistance.

Hire a lawyer to contest the charge. Your wife can use a conviction to request a change in your visitation.

You need to avoid a conviction for DUI. Most of my clients do not get convicted of DUI. Contact my office for a free consultation.

Possibly or visitation could be restructured to that of supervised. The critical factor is whether or not your actions can be or are deemed detrimental to the child. The best bet for you is to contact a family law attorney to discuss this issue.

There is no way to hide the DUI from the family court. You should disclose the facts of the DUI and explain what happened. Bring in proof that you have completed or are attending the classes and programs that are part of your probation. Bring in a record of your AA attendance.

The quick answer is probably not, but it depends on many factors. This is a blending of criminal and family law. If this is a "lone" incident, most judges will not revoke parental rights under these circumstances. If this incident is an indicator of substantive alcohol abuse, the danger to the children increases. It's best to consult with an experienced family law and criminal defense attorney in your area.

Thank you for your inquiry If the DUI was received when you had the kids, then it may be a really big problem. Otherwise, it is less of a problem. You should immediately retain an attorney to discuss the problems and how to handle the situation. I hope that this was helpful.

If the judge is made aware of it he/she will consider it together with everything else. That conviction alone will probably not be a problem especially if you can show the judge that you are taking steps to prevent it from happening again.

How a DUI conviction would affect your child visitation rights is a better question for a family law attorney. It may be possible to avoid a DUI conviction though.

It can certainly be used in court against you. I recommend hiring an experienced lawyer.

Losing visitation rights due to one dui is not likiely. Two would be another matter. Even in that situation there are solutions.

It is not automatic that you lose custody. Be sure that you are not driving after drinking with kids in the car. Your ex-wife would have to move the court to change child custody. If that occurs then you can contest it.

You should not lose visitation for a first offense DWI. However, it is possible that your ex could ask the court to order you not to consume alcohol for 24 hours before you pick up the children, not to drink while they are there, and never to drive them anywhere after you have been drinking. There are many parents who end up with DWIs who do not lose custody, or visitation. You need to hire a good lawyer to fight the DWI if it is at all defensible.

You can prevent this from not happening by hiring a DUI specialist to defend you in court so that you don't have to plead to a DUI, but something lesser, like reckless driving.

Generally the family court sees a parent as a right to visitation.

You need to speak with an attorney ASAP as this DUI can be used against you in custody/visitation matters.

If you are found guilty of a DUI one of the likely results is your driving privilege will be suspended for a period of time. OF course this would impact your ability to provide transportation for the children. This is how this comes up in many custody battles. You should fight your DUI to try to avoid your CDL from being suspended with a DUI law firm. Then you need to meet with a family law lawyer to protect your visitation rights.

You should not lose custody but the court may impose additional conditions of custody. You can fight the case.

Not as a part of the DUI.

No one thing, outside of something really extreme, can cause you to lose your visitation rights. The DUI charge will take its own course. The only thing you can do is continue to be as responsible in all other ways as you can.

This will look very bad and your wife will likely bring this up to the judge. Most of the time it is not a major issue. However, depending on the other circumstances of your case, this could lead to issues in family court.

Not necessarily.

A single DUI when you did not have the children with you may not have that great an effect. On the other hand, a lack of Driver's License because of the DUI can be a problem. You may consider AA or counseling and abstaining from alcohol altogether. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

Fight the DUI, take the DEEP course or counseling and don't ever show up smelling of alcohol for visitation. You could also get a substance abuse evaluation to show that you have no serious problems.