Divorce! A complicated and stressful process. And being charged with DUI (Driving under the influence) when it accompanies the child custody case makes the experience even worse. 

Many people are aware that even a first DUI can result in severe consequences. A drinking or drugged driving conviction, one of the fewer penalties that comes into your life, is regarding how it will affect child custody cases. It is common for the court to withdraw the parent’s custody, who is a lawbreaker of driving under the influence charge. If any of the parents caught a DUI of alcohol or drugs in the child’s presence, that parent would be considered by the court at high risk for the child’s well being.

DUI creates another need for an attorney, potential jail time and fines, and compulsory court appearances on top of your emotional and financial stress. Get assistance from an attorney in Knoxville, TN, and let them help you to guide you through the process. 

Does family-law court involve even when a child is not there at the time of the arrest?

Yes, they do involve and lead to negotiating the child custody case. They review the case and conclude that they have reason to believe that the charged parent did this with kids inside the vehicle in the past.

Appoint a social worker to investigate

A social worker will get involved in your life and examine both the child custody and recent DUI offense case. Details that will be examined by them are :

  • Conduct interviews with you and your spouse.
  • Schedule another interview with your child and family members.
  • Investigate an arrested parent’s daily routine, child’s schedule, and other household lifestyle habits.
  • It includes also searching for evidence of drug or alcohol, or other abusive substances. For instance, empty liquor bottles, credit cards bill showing the recent purchase.  
  • Also checks through cabinets for beer bottles. 
  • Even do surprise visits at your child’s school or at your residence to ask some additional questions. 

There are various other ways to check for signs that put any child’s safety at concern. In many dispute cases, parents are getting DUI charges because it can start the investigation even when the children are not present in the car. 

It is not easy to fight and resolve the custody case in family court when you are involved with a drug or alcohol-related case. The family law court in each state views drug and alcohol-related cases as a matter which is hard to get under control, and it creates problematic patterns that can worsen the situation at any point. Consult a defense attorney in Knoxville, TN, who can help you to get out of these allegations.  

A parent may be pre-judged.

Like they commonly admit to everyone else that ‘i am an alcoholic’ or ‘i consume drugs’ can cause some potential problems later on. As parents have mentioned their drug problem to several people, they are labeled as an alcoholic or drug addict. Therefore it is a risk factor that causes parents to be pre-judged or viewed as a suspect by a person who is investigating after the first DUI arrest.

If you are convicted, and your child is present at the time of arrest, the court will consider it as child abuse. In contested custody, it is enough for the court to give sole custody of your child to your spouse. Even if children weren’t with you, the court takes it as a poor view in benefit to child interests. You should be prepared for the situation of filing sole custody by your spouse and using DUI against you in court. 

Damages the child custody case

Putting the welfare of the child first, courts evaluate child custody during the divorce proceedings. DUI is an indicator of irresponsibility, and it gives the court all evidence needed to take your custody rights away. Not only the court but your spouse may also change the request from joint custody to sole custody as a result of a DUI charge. It is not always a deal-breaker, but it always has a negative impact on your case. 

Where to go? 

Under normal conditions, DUI disrupts real life, and while in the circumstances of the divorce, it worsens the situation. Divorce and custody battles are troubling for anyone, don’t give your spouse a reason to make your life harder. Ultimately, judges look for the child’s interest first, and winning the case with a DUI charge is an uphill task. Having an experienced attorney like attorneys in family law cases is essential. Consult attorneys in Knoxville, TN, that help you to counter-arguments against your spouse.