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Can a DUI arrest affect your child custody rights?

On Behalf of | Jan 7, 2025 | Family Law

Maryland courts always prioritize your child’s best interests when making custody decisions. Judges examine various factors to determine the most beneficial custody arrangement for children. Aside from things like your job stability and relationship with your child, the court will also look into your criminal history.

So, it’s possible for a DUI arrest to affect your child custody rights.

How recent DUI charges impact your custody case

An arrest or criminal history can reflect negatively on your judgment and ability to ensure your child’s safety. A current or recent DUI charge raises immediate concerns about your parenting capabilities during custody proceedings.

Your spouse’s attorney might argue that drinking and driving shows poor decision-making skills. It also puts your child at risk—what if it happens again with your kid in the car? Moreover, multiple DUI incidents could suggest deeper issues with alcohol addiction, leading to questions about your home environment’s safety.

How you can show you are still a good parent

Even old DUI charges can affect your custody case. But as long as you take steps to demonstrate your reliability as a parent, you shouldn’t have to worry. These may include:

  • Completing required alcohol education or rehabilitation programs
  • Installing an ignition interlock device, as ordered or voluntarily
  • Finishing of court-mandated defensive driving courses
  • Maintaining a clean driving record since the incident

It’s also good to keep detailed records of your responsible parenting decisions or good relationship with your child. These can help show the court your commitment to responsible parenting and safe driving.

Prove your competency as a parent and driver

A DUI charge doesn’t automatically mean you will get an unfavorable custody arrangement. The key lies in proving your ability to make responsible choices for your child’s well-being.

If you can demonstrate meaningful changes in your behavior and lifestyle, courts will consider your current fitness as a parent rather than past mistakes. Alternatively, you can also show proof of dismissed charges. An experienced legal professional can guide you in presenting your case better to help you stay a part of your child’s life.

 

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