Cape Coral, FL asked in Child Custody, Divorce, DUI / DWI and Family Law for Florida

Q: Can a dui affect my case in a child custody battle during my divorce?

I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service and haven't had a problem since. I am trying to gain sole custody of my daughter but I'm worried this will affect my case.

2 Lawyer Answers
Jonathan Blecher
Jonathan Blecher
Answered
  • DUI & DWI Lawyer
  • Miami, FL
  • Licensed in Florida

A: It's very likely that your DUI will become an issue, despite not being convicted of the more serious charge of child endangerment. Consult an experienced family law attorney.

Rand Scott Lieber
Rand Scott Lieber
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also present all of the other factors that show that you are a good parent.

Speak with a local family lawyer for more specific advice.

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