Fargo, ND asked in Family Law and Child Custody for North Dakota

Q: Can a DUI from 10 years ago affect my ability to win sole custody over my daughter now?

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3 Lawyer Answers

Gregory William Liebl

Answered
  • Divorce Lawyer
  • Fargo, ND
  • Licensed in North Dakota

A: The short answer is that it probably won't affect your custody case, but a lot of other variables can come in to play. If it is truly 10 years or older, you may even be able to keep the judge from hearing about it under the North Dakota Rules of Evidence. You should still seek out an attorney so all of the variables regarding this issue can be explored and explained.

Lucas Wynne

Answered
  • St. Louis Park, MN
  • Licensed in North Dakota

A: Perhaps. The fact of the matters is that the attorney on the apposing side may attempt to introduce the DUI to demonstrate your character as a strike against you under in regard to the best interests of the child. The circumstances of the DUI matter. I would agree that your attorney would attempt to have the DUI excluded, but there is no guarantee to that end.

Nicholas Nelson

Answered
  • Wahpeton, ND
  • Licensed in North Dakota

A: In a custody case, the court relies heavily on the 12 Best Interest Factors under North Dakota Century Code 14-09-06.2. Since your DUI happened more than 10 years ago, it may be excluded as evidence. This is general legal knowledge, and you should seek an attorney in pursuing custody. Good luck!

Lucas Wynne agrees with this answer

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