in regards to chidl custody and dui

You are caring for Father's children and have a DUI that will be considered recent.   I believe it is an issue.  The Court will be looking at whether Father is capable of making reasonable and appropriate parenting decisions on behalf of his children.  A great many factors will be considered:  Father's duty to protect the children; the ages of the children; Father having proof of any appropriate counseling, AA participation, UA testing, and compliance with the misdemeanor terms by you;  whether you are driving the children anywhere; whether you still consume alcohol; and other factors.    I would expect the court to also assess whether Mother is capable of making reasonable and appropriate decisions on behalf of the children and at her own situation. When the Court is hearing about each parent, the judge is not just looking at whether one parent is more cabable.  If the facts present a concern about both parents, the judge needs to determine if further services or court orders are needed.   Father has a duty to protect his children.  If the current orders need to be changed so he can do that, he needs to file with the Court.  A consult with an attorney can help decide what type of legal action he can take.   Mother has that same duty to protect which is why she might be filing to change the current orders.   Marie Zawtocki, Zawtocki Law Offices, PLLC