The child’s best interests are taken into account when a court makes a decision about child custody. Parents who have been charged with a DUI might be worried about how much the charge will impact their custody battle. There are a few factors that will influence whether or not a charge will ultimately affect the decision about child custody. This applies to both first-time and multiple-time offenders. Here are the key factors taken into consideration by the courts when deciding the impact of the DUI on child custody.
The Number of DUI Incidents
If you have only ever had one DUI charge, you have most likely committed a one-time error. This occurrence might not be seen by a judge as a sign of a pattern of poor judgment. If there is no proof that your capacity to be a parent might be affected by prior charges, the courts may not care. You may only be required to undergo a first-time offender DUI program.
On the other hand, having multiple DUI charges may point to a pattern of behavior. If you get several DUIs, the courts can be concerned that you could endanger your child’s safety or that you show indicators of alcohol misuse, which could expose the child to instability.
Other Aggravating Factors
Nevertheless, the courts may identify other problems with the charge even if you only had one offence. DUI aggravating circumstances might be detrimental to your custody claim. One circumstance that could give the court significant cause for concern is having a child in your car at the time of the DUI.
Recency of the Offense
The judge’s decision may be influenced by the recentness of these DUI incidents, depending on your particular circumstances. For instance, if your DUI offenses were minor and occurred around ten years ago, you could argue that you have reformed and that these incidences have no bearing on your capacity to provide your child with stability now.
Efforts for Reform
Most of the time, making an effort to show that you have recovered can assist in reducing any worries about whether or not you are fit to keep custody of your child. Even though the circumstances may not be perfect, you can still be a good parent, regardless of your past.
Complete Your DUI Program
In order to get your life back on track, regain your ability to drive again, and improve your chances of achieving a favorable child custody outcome, it is important that you attend all the classes for your mandated DUI program. Whether you are a first-time or multiple-time offender, Jackson-Bibby Awareness Group has the most comprehensive and engaging educational and counseling sessions for you to get through this trying time. Each program has its own requirements, consisting of an enrollment and intake session, education sessions, group counseling, individual counseling, re-entry sessions for the 18-month program, and an exit interview. We collaborate with both the Department of Motor Vehicles (DMV) and the courts to ensure compliance and help you regain your driver’s license. We are here to help you successfully navigate through the program and provide an experience that will create personal growth and permanent positive lifestyle changes.
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