Can I lose custody of child because I got a DWI - misdemenor - 1st offense.

Asked about 5 years ago - Harrisonburg, VA

My husband and I were together at the time of my DUI - since then got pregnant - he says not his - but it is - we are now getting a divorce and he says he can get custody of daughter because I got a DUI about 5 months ago - it was my first offense. He now says that I am a day to day drunk - which is untrue -

Attorney answers (2)

  1. Timothy Kevin Wilson


    Contributor Level 15


    Lawyer agrees


    Answered . The mere fact that you were convicted of a DUI would not likely cause a court to take away custody of your child. In the end, when determining questions regarding child custody, the court attempts to decide what is in the best interest of the child in question. Of course, involvement with courts and issues of substance abuse are factors which will be considered by the court because they can impact the ability of the parent to provide the best, most healthy environment for the child. The court will not simply accept an allegation that you are a "day to day drunk". However, if there is proof of continued use of alcohol it could raise concern for the court.

    I encourage you to consult with lawyers who specialize in the area of divorce and child custody for more specific information.

    T. Kevin Wilson, Esq.
    The Wilson Law Firm
    DUI & Criminal Defense…When Results Matter
    9300 Grant Avenue
    Suite 301
    Manassas, Virginia 20110

    Telephone 703-361-6100
    Telephone 888-DUI-LWYR
    Facsimile 703-365-7988


    Member, National College of DUI Defense
    Member, Virginia Association of Criminal Defense Lawyers
    Member, National Association of Criminal Defense Lawyers

    For a FREE copy of the Virginia DUI / DWI Arrest Survival Guide: The Guilt Myth, a consumer guide written by a nationally recognized Virginia DUI Defense Lawyer, visit

  2. Lance George Miyatovich

    Contributor Level 12


    Lawyer agrees

    Answered . The fact that you have one misdemeanor conviction on your record and that it is a DUI would not prevent you from having custody of your child. If you are currently the primary caretaker of your child and are doing a good job of raising your daughter then the court will not take custody away from you based upon unsubstantiated allegations that you are a drunk. If you had an alcohol evaluation in conjunction with your DUI and the evaluation indicated that you did not have a problem with alcohol this will be good evidence to refute you husbands allegations.

    Good Luck

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