How Will a DUI Impact a Custody Arrangement in New York?

It is no secret that a DUI charge can have serious legal consequences. But, a DUI can also impact your custody arrangement for a number of reasons. Your child’s other parent may use the charge as evidence that you are an unfit parent and attempt to gain full custody. Even if this does not happen, a DUI is likely to alter your custody agreement regardless. For example, if your license is revoked for a period of time, it may be difficult to see your child, especially when it comes to driving him or her to school. Read on to learn more about the impact a DUI can have on your custody case.

What are the different types of custody in New York?

The first thing to know is the different types of custody awarded in New York.

  • Legal custody refers to a parent’s legal right to make important decisions in a child’s life. These decisions may regard matters of religion, medical treatments, education, and more.
  • Physical custody is awarded to the parent with whom the child resides for the majority of the time. This parent is mainly responsible for providing the child with a stable home and other necessities. In some cases, parents share physical custody equally.

How does a DUI impact custody arrangements?

The process of determining custody agreements is delicate. As a result, a DUI can have a major impact.

  • If you are seeking legal custody your DUI conviction may not have a major impact.
  • If you are seeking physical custody, the situation will be much more difficult. Driving with your children in the car may be considered child endangerment, which may result in the court deeming you unfit to parent.

How do parents lose custody?

A parent may lose custody if there is proof of the following:

  • Neglect
  • Abuse
  • Substance abuse
  • Refusal to co-parent
  • Failure to follow court-ordered mandates

Even if you lose custody, you will most likely be awarded some form of visitation, either supervised or unsupervised depending on the situation.

If you have received a DUI during a custody battle, it is imperative to reach out to an experienced family law attorney right away. Our firm will advocate for you. Reach out today to discuss your case.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.