Can I Lose Custody Of My Child If I Am Convicted Of DUI?

Yes. If you are going through a divorce and you are convicted of DUI or any drug offense within 12 months BEFORE you file for child custody, it can have a significant impact on your ability to get sole or joint custody of your children and how much time you are allotted for visitation.

How it works:

Why You Could Lose Custody
When the court decides who should be responsible for the care and custody of a couple’s children, the judge will make the decision based on what is in the best interests of the children. If you are convicted of DUI or any drug offense in the 12 months before filing for custody, there is a rebuttable presumption that granting you the sole or joint custody is not in your children’s best interest. Your conviction may also be a reason for the court to limit the amount of time you get to spend with your children.