The guiding principle in California child custody and parenting time cases is “the best interests of the child(ren).” There are many factors such as alcohol and drug dependence, criminal activity and domestic violence which may affect or change the Court’s perspective on the safety and environmental stability of the child’s environment.
The behavior of either spouse can absolutely affect decisions regarding custody and parenting time during the course of a San Diego divorce. Once orders have been issued a change in the circumstances of either parent may justify post-decree modifications to these orders.
If either parent (or both) have a DUI or multiple DUI’s on their record they should expect it to be an issue in child custody and parenting time cases. A single DUI without any evidence of a continuing problem with alcohol or drug abuse may not carry as much weight as an ongoing addiction. The length of time which has elapsed between the DUI and the Court proceeding will also have an impact on the outcome of the case.
A DUI can be used to raise a challenge regarding existing child custody and parenting time orders. A recent arrest and ultimately conviction for a DUI can be used by the other parent to seek increased custody or parenting time.
Will a DUI affect child custody and parenting time orders? If your former spouse receives a DUI it is important to consider the circumstances surrounding the case and what it may say about the resulting impact on the ability to co-parent.
If you have recently received a DUI it is important to seek immediate legal counsel from a criminal defense attorney to determine if there is a potential alternative to conviction such as counseling or participation in a Court sanctioned program.
The best policy for any co-parent is to always avoid drinking and driving. Will a DUI affect child custody and parenting time orders in a San Diego divorce? The experienced Certified Family Law Specialists can provide insight into your unique circumstances and how to handle developments associated with a DUI.