Proving That You Should Have Custody
A rebuttable presumption means that the court will not grant you sole or joint custody of your children because of your DUI or drug history unless you can prove that it would be in your children’s best interest. You can prove this by:
1) Showing you have not had another drug conviction in the last five years.
2) Showing you have not failed a court-ordered random drug test in the last six months.
3) Any other evidence to support why you should have sole or joint custody.