How Does a DUII Arrest Affect Child Custody or Visitation?

When it comes to child custody cases, the court’s primary concern, and the driving force that will influence their decisions, is the well-being of the child involved. Above all else, the court’s concern that is that the custody terms are made with the best interest of the child in mind. Therefore, if you are in the midst of a custody battle, or have custody of your child, and you are arrested for Driving Under the Influence of Intoxicants, the judge will assess the situation through the lens of the well-being of the child in question.

If You’re In The Midst a Custody Battle

During a custody battle, you should be prepared to have your life and actions examined. A judge will be looking into your life, your current actions, and your schedule to determine who is better suited to make decisions on behalf of the child. In Oregon, custody allows you the legal right to make decisions for the child in regard to medical care, schooling, and religion. A judge will look to any bad decision and ask if this is a safety concern for the child. If you have been arrested for a DUII, that will be a factor for the judge to consider awarding custody to the other parent, especially if the child was in the vehicle at the time, or it’s a repeat offense.

If You Already Have Custody

If you have already been awarded custody, the standard to flip custody from one parent to another is more complex, and requires a drastic change in circumstances. The other parent has to prove — to the legal standard — that you are no longer capable of managing the responsibility of custody.
While a DUII arrest may not be enough to change custody to the other parent, it could provide them with enough evidence to open up a case against you.

A DUII has the power to change your life in a moment, and not just in regard to custody. It may affect your job, relationships with friends and family, or be the sign of a larger problem. If you are arrested for a DUII, it is important to surround yourself with the right team of professionals, including counselors, an experienced law firm and a strong support system. When you work with the right people to address the underlying issue, this could positively affect several sectors of your life, including custody. If you have been arrested for a DUII, or have questions about custody rights, we encourage you to contact our experienced team at Pacific Cascade Law. We are here to answer questions and help you through this difficult time. Call us today to schedule an appointment.