Can a DUI Charge Affect a Child Custody Agreement in New York?

Can a DUI Charge Affect a Child Custody Agreement in New York?

Unfortunately, a DUI charge can have a strong impact on a child custody battle. Reach out to our Nassau County child custody attorney to learn more.

Can a DUI charge affect child custody?

A DUI charge can have a significant impact on your child custody battle. This is because alcohol abuse is one of the most typical issues that come up in several custody conflicts. Keep in mind that a DUI charge can also serve as proof of an allegation of alcohol abuse which can point the court system to believe that you pose a substantial risk to your child.

The largest reason a DUI affects your chances of obtaining child custody is that a court will look at prior history to determine or measure your moral fitness as a parent. If you have additional questions or concerns regarding a DUI charge and its effect on child custody, give our skilled family law attorneys a call today.

Will the effects of a DUI charge influence a child custody battle?

It is important to recognize the effects a DUI charge may have on your custody arrangement will likely depend on the kind of custody you are aiming to acquire. Basically, the outcome may not be the same for legal custody as for physical custody.

  • If you are pursuing legal child custody, it is not as likely that your DUI conviction will strongly affect your custody battle. This is because it is thought that a DUI conviction would not greatly influence your decision-making responsibilities on matters of religious education, tutoring, choice of schools, extracurricular activities, cultural education, and other similar things.
  • On the other hand, if you are seeking physical child custody you are likely to lose the battle because it can be asserted that you may prioritize drinking rather than your children, which can challenge your capacity to be an adequate parent. Also, it can also be argued that you may also drive under the influence of alcohol with children onboard which can put your children in great danger. Because of this, while you may be able to provide for the children’s expenses and other basic needs, you can be refused custody on this ground.

As previously remarked, winning a child custody case when you have been charged with a DUI offense is an uphill battle. This is because a judge will always prioritize the best interests and security of the child. Contact our firm today to discuss your case with our skilled Nassau County family law attorney.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 342-3575.

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