How does 2 dui's affect child custody cases?

Asked over 5 years ago - Visalia, CA

We had an agreed custody arrangement then she decided to go to court because of my 2 dui. The court changed our arrangement drastically. We were sharing joint physical/legal custody and the court granted her physical custody about 95%of the time.

Attorney answers (2)

  1. Okorie Okorocha

    Contributor Level 19


    Lawyers agree


    Answered . The judge can consider criminal offenses and substance abuse in making custody decisions.

  2. Richard Forrest Gould-Saltman

    Contributor Level 19


    Lawyer agrees


    Answered . Although you don't provide a complete description of the facts, I'll assume that either trial is still pending on the DUI's, or you've already plead or gone to trial. That probably means that there are either substantial restrictions on your driver'ds license, or it's been suspended completely. Either way, that would substantially affect your ability to transport the children, either for regular events and exchanges, or in an emergency.

    Also, if the DUI's occurred AFTER the agreement to joint custdoy, your ex has a serious argument, which it sounds like the judge may have accepted, that TWO DUI's show your judgment and decision-making is bad enough that there is a reason for the court to limit your custodial time.

    You'll need to convince a judge, at some point, that you've taken serious and consistent steps to address the problem.

    Good luck.

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