If you have been charged with a DUI with your child in the car, you will find yourself in legal trouble, and you may face the possibility of losing custody of your child. Read on to learn more.
How is child custody determined?
When making a decision about custody, the judge is working to do what is in the child’s best interest. In order to determine this, he or she will consider some of the following factors:
- Each party’s ability to provide stability
- Whether the parent will act in the child’s best interests
- The relationship between the child and the parent
- The physical health and safety of the child
- The needs of the child
- The location and proximity of each parent’s home
- The preference of the child if they are of sufficient age
Will I lose custody after receiving a DUI?
It is not often that parents lose custody. This is because, for the most part, New Jersey courts believe a child benefits from having some form of a relationship with both parents. That being said, if a parent is deemed unfit, he or she will lose custody. Some of the most common reasons a parent loses custody include:
- Refusal to co-parent
- Substance abuse
A DUI charge can be used as evidence of substance abuse. Additionally, if you were charged with a DUI with your child in the car, it can be seen as child endangerment, and you may lose custody as a result.
If I lose custody can I get it back at a later date?
Losing custody can be devastating for both a parent and child. Luckily, it may not be permanent. If you are charged with a DUI, it can indicate a substance abuse problem. If you enter a program and work on your sobriety, the courts may award custody at a later date. During this process, it is important to closely adhere to court orders. It is also important to work with an experienced family law attorney.
If you have lost custody, our firm is here to advocate for you. Reach out today to discuss your case.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.