QUESTION
What is the effect of a DUI to a child custody case?
Asked on Jan 08th, 2015 on Child Custody - Utah
More details to this question:
My husband has an 11 year old daughter with her mother. They were never married. There is no court ordered custody but there is child support in place by ORS. The mother is listed as the custodian parent. We have had the same custody arrangement for the last 6 years where we have her Mon - Thursday. Her mother picks her up at 6pm on Thursday and has her until Monday morning. We are going to try to get the custody on paper and also alternate tax years until she is 18 (the mother has claimed her that her whole life. The mother said she is going to fight us on all of this. My question is this. My husband got 2 DUIs, 2 years ago. He did everything the court asked and the mother knew but did not make any changes to the arrangement. She is now threatening to use this against him. I am trying to find out how much bearing this will have.
2 ANSWERS
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The 2 DUI's may have some effect, but will certainly not be determinative. The mother will have a real hard time explaining why she is concerned now, and has not been for two years. Further, she will have a hard time explaining why she should collect child support and not give up a tax deduction for one-half of the time. No guarantees of what a judge will do, but there certainly some good arguments on your husband's behalf.
Answered on Jan 13th, 2015 at 5:41 PM
If the child was in the vehicle at the time of the DUI it can greatly affect the outcome. But if the child was not in the vehicle and there was no property damage or bodily harm than it shouldn't have much, if any, bearing on the case. If the child was in the vehicle it brings up child endangerment and irresponsibility. They could try to bring it up but it shouldn't hold much sway as long the child wasn't in the car, there was no property damage, and no physical injury.
Answered on Jan 13th, 2015 at 5:40 PM