Chula Vista, CA asked in Child Custody and DUI / DWI for California

Q: My ex got a DUI with my child in the car. Will I be affected My custody?

My child isn’t his child. But he is Raising him as so. He is not adopted. So legally, my child is nothing to my ex.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

DEPENDING ON THE FACTS, THEY MAY ARGUE NEGLIGENCE ON YOUR PART FOR ENTRUSTING YOUR CHILD WITH HIM.

HE WILL BE FACING MORE THAN A REGULAR DUI B/C OF THE CHILD IN THE CAR..........TELL HIM TO GET A LOCAL LAWYER ASAP

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: Possibly. Your ex'es decision to drive with your child in the car may adversely affect both his DUI case (if the child is 14 or younger) and the custody of your child. If the father of the child decides to challenge your custody or custody is still an outstanding issue (meaning, not final) the decision to allow your "ex" to drive could become an issue. You should probably discuss this with your family lawyer and your "ex" should probably seek legal counsel as his DUI may have additional punishments ("enhancements") and ramifications for your custody situation.

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