We remain open and steadfast in our commitment to helping our clients during these difficult days.

Proven Approach With Results Forged Through Experience

Image of attorney Mark L. Deniz

Can a San Diego DUI trigger Child Custody issues?

| May 17, 2015 | Firm News |

I have seen several cases where a San Diego DUI has opened up issues regarding child custody.  The other side likes to use the San Diego DUI arrest as an illistration about the bad decisions and concerns of safety they have for the child.  

Facebook 57 chevy photo with LOMD Info.png

I cannot tell you how fearful a potential DUI conviction is for a parent.  

While an isolated drunk driving incident without the child present shouldn’t change custody, a history of drug or alcohol abuse in addition to a new DUI arrest can be a problem.  There has to be a distinction made between the two instances.  People do make unwise decisisons and a San Diego DUI does not show some kind of substance abuse issue.  This is when the other party comes out with a laundry list of times 

The Family courts are concerned about drug and alcohol convictions and any drug or alcohol conviction can have a negative impact on child custody proceedings. It will bring up a flag.  However, one unwise decision does not make a pattern.  

DUI and child custody cases can both vary widely.  There is no “one size fits all” situation when the two issues come up.  Will the other parent be able to bring this issue up to the family courts….absolutely.  However, it is key to defend the DUI and then prepare to show the conduct was an isolated incident.  

San Diego DUI charges are far reaching and can hit a person in their employment, family, etc.  

If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive.

FindLaw Network
Share This