If you are in the middle of a child custody battle in court and you have a DUI on your record, you need to hire a DUI lawyer. Even though having a DUI on your record should not sway the decision in your former partner’s favor, it can influence the court’s decision regarding the degree of parental rights and responsibilities it grants you. Let’s find out what a DUI means in child custody decisions in the state of Virginia.
Can Driving Under the Influence Affect Child Custody Verdicts in Virginia?
A DUI can influence the court’s verdict. The court can limit the type of child custody you receive. The two types of child custody include legal custody and physical custody. Legal custody involves parental right, which is the right to make decisions regarding the child’s education, medical, and other life changing decisions. Physical custody refers to your parental rights, which means the court decides if the child has the right to live with you.
If you have a DUI on your criminal record, the probability of you winning physical custody of your child decreases. From the perspective of the judge, the parent with the DUI conviction can pose a danger to the child, as they have displayed reckless behavior before on the road. Other privileges that the judge may take away include disciplining your kids, driving them to and from school, and making meals for them.
The Time the DUI Happened
The judge will also consider when the DUI occurred. If you followed through with the penalties imposed on you and kept your criminal record clean since then, the judge may not consider your DUI conviction when handing down the verdict.
If the police charged you for driving while intoxicated recently and while you were fighting for child custody, the judge will take your DUI conviction into consideration when announcing the verdict. If your divorce is not amicable, your ex-partner may use it against you. For this reason, it is pertinent that you hire a qualified DUI lawyer to fight off your DUI conviction if it is recent.
Other Factors
The court may appoint a social worker to oversee your case. The social worker will interview you and your family, review you and your child’s daily routine, and search your house for evidence. You should stay away from any activity that involves alcoholwhile the social worker reviews your case and gives his/her verdict to the judge. Also coming into play is whether the child was in the car with you at the time of the DUI conviction.
If you are fighting for child custody in court and you have racked up a DUI conviction, you need to talk to us. You need an experienced DWI lawyer by your side to make your case in court.
