Can I care for my grandchildren after parents' DUI arrest in WI?

Question

My daughter and the father of her three children were both arrested for DUI. My daughter had the kids in her care at the time, and the father was also jailed for DUI even though he wasn't driving but had the keys in the ignition. Currently, the children are with the father's sister, but she cannot keep them. I have three prior DUI convictions but have been sober since 2020 and previously had care of my daughter's first child. What are the chances of being able to care for the children, and what steps should I take to ensure their safety and well-being?

James L. Arrasmith · Answer

It’s completely understandable that you want to step in to care for your grandchildren during this difficult time. The fact that you’ve maintained sobriety since 2020 and have previously cared for one of the children works in your favor. Family courts and child welfare agencies usually prefer placing children with relatives whenever possible, especially when it means keeping them out of foster care. 
 
Your past DUIs may be considered, but what matters most now is whether you can provide a safe, stable, and nurturing environment today. If you’ve completed treatment, stayed sober, and have a clean record since then, you’ll have a much stronger case. You should be prepared to show documentation of your sobriety journey—whether it’s from a treatment program, support group, or court supervision—and any evidence of your caregiving ability. 
 
To move forward, reach out to the child protective services office involved and let them know you’re willing and able to take the children. Ask about becoming a kinship caregiver or gaining temporary custody. If needed, you can request a home study or background check to prove your fitness to care for the kids. Most of all, let them see that your heart and actions are fully focused on the children’s well-being—that will speak louder than your past.

Q: Can I care for my grandchildren after parents' DUI arrest in WI?