Does A DUII Arrest Affect Custody or Visitation Rights?

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 DUII.

Even under normal circumstances, a DUII disrupts your life and leaves a mark on your record. Its impact on custody cases varies depending on several variables.

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

If your 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.

If you are arrested for a DUII, it’s 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 regards to custody decisions.

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

A DUII arrest affects many aspects of your life including your custody case. If you are charged of a DUII, it is imperative to employee a team of professionals who are best suited to help you. Finding an experienced and knowledgeable law firm like Landerholm Family Law to help you with custody issues is extremely important. We can refer you to other professionals to navigate the complex legal process and guard against paying for one mistake for many years to come. If you are in need of an attorney, we hope you will call Landerholm Law today. This is important for you, your children and your future.

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