Q: How strongly will my wife's recent DUI play in a custody dispute?
My wife recently got a DUI. I am wondering if I can obtain a better custody ruling based upon that alone? I have no criminal history, and she has no other criminal history aside from this.
A: It depends. Obviously, the DUI may affect her ability to transport the children to daycare/school/activities, which would be of consideration. If she is a habitual alcohol user and your children are young, the Court may consider it. Certainly, if she had the children with her while driving under the influence, a case can be made for abuse/neglect. If it was a one-time lapse in judgment, however, it may not have much effect at all. Your best bet is to visit confidentially with your attorney about the specific facts and judge assigned to your matter in order to know how much influence this development will have on your case. Best wishes!
A: It depends on the overall facts of the case. If you are arguing she is unfit due to alcoholism, the DUI could be the proof you need to show that her alcoholism is putting her and the children into a dangerous situation. The higher her alcohol test reading at the time of her DUI, the more concerning it may be.
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