Will a dui or drug arrest affect child custody?

Lucinda Wehner asked a question: Will a dui or drug arrest affect child custody?
Asked By: Lucinda Wehner
Date created: Sat, May 8, 2021 1:56 AM

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Those who are looking for an answer to the question «Will a dui or drug arrest affect child custody?» often ask the following questions:

❔ Can prior drug convictions affect child custody?

This is especially true when a parent with a previous drug conviction (or another type of offense) seeks custody of a child during divorce proceedings. Due to your conviction, you might lose custody or access to your children. Read on to learn more about what your rights are in this situation. How Can a Prior Drug Conviction Affect Your Custody?

❔ How does drug use affect child custody?

If one parent has a significant criminal history or there are signs of substance abuse, those issues can definitely play into a custody determination. A history of alcohol or drug abuse can significantly affect your custody agreement and influence the Court's decision when granting access to your child.

❔ Will my drug arrest affect my car insurance?

Do criminal convictions affect auto insurance? Absolutely. One of the most common criminal records that will affect auto insurance rates is a DUI charge. Take a look at the table below to see how much companies will raise rates for just one DUI charge.

9 other answers

So, indeed a DUI or drug crime can impact your right to have custody of your child. How will a family court evaluate your DUI or drug crime in terms of your ability to have custody of your child in Montgomery County? If you have in the past been charged with a DUI or a drug crime but were never convicted of it, then this arrest should not hurt you in any way. In fact, you should make sure you have had the arrest record expunged just to be safe.

When the court is determining the best interest of who the children are best primarily living with, a parent getting a DUI arrest can severely damage a custody case. There are additional consequences that can happen as well upon a DUI offense conviction.

Circumstances of a DUI Arrest. One way you might lose custody is if the DUI arrest happens while the child custody case is pending. Even if they find you not guilty during the DUI trial, the other party can claim that you have anger issues. This could also affect your chances of getting unsupervised custodial time with your children.

In Florida, whether or not a drug arrest will affect a child custody agreement really depends on the circumstances of each case. The court always has to consider the best interest of the child , which may mean a change in an agreement if your drug charge could cause serious harm, or keeping it the same if changing the agreement would do even more harm than the charge itself.

Even though a DUI conviction is not a crime of violence, any drug or alcohol-related conviction can impact a child custody case. This is because family law judges view driving under the influence as reckless behavior that endangers minor children. If the DUI conviction is old, you can present evidence proving that it was an isolated event.

The effects of a DUI conviction on your custody battle will depend on the kind of custody that you are interested in. The outcome may be different for legal custody than for physical custody. • If you are seeking a legal child custody, it is unlikely that your DUI conviction will affect your custody battle.

But if you have multiple DWIs and other arrests, you won’t win your child custody case. The judge will also look at your current alcohol and drug use. Even though a DWI is a crime, they understand one DWI charge doesn’t mean you’re an addict.

Editor, DadsDivorce.com. A DUI is never a good thing to have on your record, especially when you’re fighting for child custody. But depending on the circumstances, your background and your behavior, a DUI is not necessarily a deal breaker. In general, any type of conduct such as being arrested for driving under the influence is relevant to a ...

The main concern of the court will be if any drug use puts your child at risk or hinders your parenting abilities. If you had a conviction for marijuana possession 10 years ago and have been clean ever since, the impact on custody will probably be minimal.

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