QUESTION

If I have 3 DWI's pending could my children be taken from me?

Asked on Jul 24th, 2014 on Child Custody - North Carolina
More details to this question:
The father of my 3 year old child has never been involved in her life. I have three DWI’s pending. Could my child be taken away from me? I'm also attending substance abuse classes and AA meetings. I'm so scared I do not want to lose my children. Also could I get privilege license and an alcohol ankle bracelet instead of jail time? I also have already been convicted of one DWI.
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2 ANSWERS

Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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As far as the legal consequences for your DWIs are concerned, a criminal attorney can answer that for you. The situation sounds extremely serious, however. There is certainly the possibility that the case could be referred to Child Protective Services and they may decide to take action in Abuse/Neglect/Dependency Court (AND court). If the father is not present, however, and CPS does not get involved then you may only need to make care arrangements if you go to jail.
Answered on Jul 25th, 2014 at 4:56 PM

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I am not going to sugarcoat this issue . . . yes, you could lose your kids. I would be very proactive and take some major steps to ensure that you could prove to any future family law judge that you are dealing with the alcohol issue. I would not miss a single substance abuse class. In fact, I would consider taking a second one when you finish the first one. I would attend AA more than once a week. I would get a calendar and mark every class and meeting you are attending. I would also have someone sign off on your attendance. If I were really worried about a client losing her kid under such facts, then I would consider voluntarily getting a continuous alcohol monitoring bracelet to show the judge that you are not drinking. Needless to say, if that ankle bracelet tests positive at any point, then you are in serious trouble since there would be a record of your relapse into drinking. Thus, if I feared a relapse, then I would not have my client volunteer for such a bracelet. I would strongly urge you to get with a family law attorney and establish a set protocol for you to follow NOW . . . do not wait until someone raises the issue of taking your kids from you. A proactive approach could pay huge dividends later when an emergency custody motion is filed against you. As for the DWIs . . . I assume you have counsel. They need to answer the "jail time" question. DWIs are treated differently in the various counties in North Carolina. I would consult with an experienced criminal law attorney immediately. If he or she says that jail time is a real possibility, then that is another reason to go to an experienced family law attorney NOW . . . to make a plan for someone keeping your kids while you are in jail. You need to figure out all of that now . . . not once the judge hands down the DWI jail sentence. I would suggest you find a law firm that has a criminal law attorney and a family law attorney in the same office. We have that in my office. It often pays real dividends to have your two attorneys working so closely together. The two attorneys can easily talk and the criminal law attorney can try to work on a plea agreement that helps the family law attorney keep you from losing your kids.
Answered on Jul 25th, 2014 at 7:56 AM

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