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Can a DUI Affect Custody of My Children?


When you’re a parent, a DUI conviction can have an impact on your child custody agreement. Although this isn’t always the case, a conviction for any crime can be used against you to modify the terms of any existing custody order. That can result in a reduction or loss of your custody.

Although Orr Law Firm doesn’t represent clients in family law matters, we do represent parents with custody when they are charged with DUI. Rest assured that our experienced legal team can help you avoid or mitigate a DUI conviction, which can assist you if any questions about your custody should arise in a separate legal action.

I Got Arrested for DUI, Will I Lose My Kids?

If you are arrested or even convicted of DUI, you will not automatically lose custody of your children. You may not even face a loss or reduction in custody in the future. There is a legal process for re-evaluating a parent’s custody arrangement, which is a separate matter for the family courts to decide.

A possible exception is if the court believes you pose an imminent risk to your children. In this case, they may be temporarily removed from your custody and placed in the care of the other individual with custody or another relative.

That said, a DUI conviction can result in a loss or reduction in custody down the line. The family court will review your criminal history to evaluate your fitness as a parent to maintain the level of custody you have. If the family court believes it’s in your child’s best interest to reduce your custody because of your DUI conviction, it may issue a new court order. This is why it’s important to avoid a DUI conviction in the first place.

What If I Was Previously Arrested for DUI?

If you have multiple DUIs on your criminal record, the family court may view this as a pattern of behavior that can put your children in danger. Your ex can petition the court to modify the child custody order and ask it to consider your multiple DUI arrests and/or convictions, which can result in a reduction or loss of your custody.

What If My Children Were in the Car with Me?

If your children were in the car with you when you were arrested for DUI, you may not only lose custody in a separate legal action but also face additional criminal charges for child endangerment. When you are facing DUI charges that directly involve your children, it’s essential to get competent legal counsel to handle your defense.

Orr Law Firm Can Help

As DUI defense attorneys, our legal team at Orr Law Firm can help you avoid or mitigate a conviction for DUI. This can help you protect your custody of your children should your ex petition the court to modify your custody.

Ultimately, the family courts will evaluate your fitness as a parent should any such petition arise. We can help you fight your DUI charges, and success can mean protecting custody of your children. Nothing is guaranteed, however, but your life can become substantially complicated if you are convicted of a DUI regardless.

Never let DUI charges against you go unchallenged. Get help from Orr Law Firm today by contacting us online.