How an Atlanta DUI Charge Can Affect Child Custody in Family Court Cases

How an Atlanta DUI Charge Can Affect Child Custody in Family Court Cases

Driving under the influence of alcohol or drugs is a serious legal offense that could wreak havoc with both your criminal case and custody battle. A DUI conviction will change both of these proceedings irreparably.

A judge will take several factors into consideration when making his or her custody decision in Georgia, when you face DUI charges. A skilled Atlanta DUI lawyer can defend your criminal case while keeping custody issues top of mind.

1. Jail Time

DUI arrests often carry with them social stigma, costly fees and jail sentences; but they may also affect child custody rights. Family court judges take alcohol consumption into account when making custody determinations; thus parents with criminal records may find it more challenging to gain or maintain custody of their children.

DUI convictions or even charges can create custody problems in family court proceedings, as it suggests substance abuse issues for the defendant in question. Repeat offenders could face longer prison sentences due to aggravating factors like physical injury or even death during an accident; while mitigating factors include showing regret for their action.

A jail sentence typically depends upon the nature and severity of a crime as well as other considerations such as prior offenses, whether weapons were involved and how much prior prison time an offender has served. Therefore it is wise to consult a family law lawyer regarding how an extended jail term may impact your child custody case.

2. Loss of Driver’s License

If you are seeking custody of your children or have already been awarded legal or physical custody by the court, being arrested for DUI could significantly impede your case. Georgia takes an extremely serious approach to drunk driving offenses and judges presiding over child custody disputes take any DUI conviction seriously.

If a judge determines that you were driving while under the influence of alcohol or drugs while your children were present, you could face DUI child endangerment charges which come with serious repercussions – jail time, fines and mandatory treatment sessions being among them.

An DUI conviction can also lead to the loss of your driver’s license, jeopardizing employment prospects and accessing essential resources for your children. If convicted with children in the vehicle, visitation rights may be restricted until proof can be provided that you have successfully completed a substance abuse treatment program and shown responsible behavior.

3. Custody Concerns

Georgia courts prioritize child safety in child custody cases. A DUI conviction can raise questions as to whether a parent put their children in danger through their actions or not, which a judge may take into consideration along with factors like alcohol abuse history and rehabilitation efforts.

Criminal records will always surface during custody disputes and can severely hinder your ability to demonstrate that you are an ideal parent. But you can still build strong relationships with your children while attesting to changed behaviors by working with a City of Atlanta DUI lawyer to defend both criminal charges against you as well as advocate on their behalf for child custody rights in family court proceedings.

DUI accusations and convictions can have severe repercussions, both legally and socially. A skilled DUI attorney can help manage both aspects of your situation as well as their effects on family life.

4. Probation

DUI charges could jeopardize your chances of gaining custody of your children if the court believes you have displayed poor judgement in the past. Especially if children were present when you were arrested or your reckless behavior included driving under the influence, judges may determine that you cannot provide an acceptable environment for their safety and restrict or even deny you custody altogether.

In some instances, courts may grant you supervised visitation after you complete an alcohol or drug abuse treatment program and demonstrated efforts towards rehabilitation. This way you can demonstrate to the judge that your DUI was only one instance of bad judgment and are now ready to become an excellent parent again. Each case differs; hence legal outcomes will depend on individual factors.