Can a DUI Arrest Affect My Custody?

Written by Reynolds Defense Firm

On February 14, 2018

Divorce proceedings encompass myriad elements, from dividing property to creating an agreeable arrangement on child custody and visitation.  You don’t want to add more complications to an already stressful time, but sometimes unforeseen events happen, such as a DUI arrest.  Even under normal circumstances, a DUI arrest can disrupt your life and leave a mark on your record.  Its impact on custody cases caries depending on several variables.

Previous DUI Conviction?

An older DUI will generally have less of an impact on your Divorce than a more recent one.  For a previous conviction, the judge will review other factors, such as if the children were with you, if you have been arrested for another DUI since the first incident, or if alcohol is a pervasive issue in your life.

Current DUI Arrest?

If your DUI arrest is recent, the judge will probably dig deeper. They will want to know if the child will be safe in your care if you are awarded custody.

How do you handle it?

If you are arrested for a DUI, its important to get in front of the issue. Be proactive, open, honest and do not make excuses.  A judge knows everyone makes the occasional bad decision, but they want to see how you handle the aftermath of your choice.  If you appreciate the magnitude of the situation and show you are taking the right steps to correct your mistake, this will go a long way with the judge in regard to Divorce and custody decisions.

For the judge, it is less about conviction vs. non-conviction, and more about the circumstances surrounding it. Do not dismiss your DUI arrest and pretend it never happened.  Show you are trying to get back on track.

A DUI arrest can affect many aspects of your life including your Divorce and custody case.  If you are charged with a DUI, it is imperative to hire a team of professionals who are best suited to help you.  Reynolds Defense Firm can help you manage your way through the criminal justice system and deal with your DUI arrest.  Finding an experienced and knowledgeable Family law firm like Landerholm Law to help you with your custody issues is also extremely important.

 

 

Lewis Landerholm is the owner and principal attorney at Landerholm Family Law, located in Portland, Oregon.  His family law firm has been on the Portland Business Journal’s Top 100 Fastest Growing Private Companies List for two years in a row.  Landerholm Family Law has also nationally been recognized at the Law Firm 500 awards for being one of the fastest growing law firms in the country.  Landerholm Family Law pride’s itself on advocating for a better life for all of its clients with a strong voice, a clear path, and straightforward advice.  

 

 

 

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