If you share custody of the children with your co-parent or are currently in the middle of a custody battle, can a past or present conviction for driving while intoxicated (DWI) jeopardize your parental rights? Well, it might, depending on the circumstances. Here is what you should know.
Driving while intoxicated involves reckless behavior, impaired judgment and potentially a compromised ability to ensure the child’s safety and well-being. Given that courts prioritize the child’s best interests when making custody-related decisions, a DWI conviction could work against you as it raises doubts about your parental abilities.
You could lose custody of the children
Losing custody of your children after a DWI conviction is not automatic or guaranteed in every case. However, certain circumstances can increase the chances of such an outcome. For instance, if you are a repeat offender or had children in the car when driving impaired, the court may modify the custody order to protect the child from harm. This may include ordering supervised visitation or terminating your parental rights and awarding sole custody to your co-parent.
Similarly, if you are convicted of DWI and incarcerated for a considerable period, it can impact your ability to maintain regular contact with the children and fulfill your parental responsibilities.
Mitigating the impact of a DWI conviction on your parental rights
You should not resign to fate if you have a DWI conviction while facing custody issues. Taking proactive steps, such as completing a rehabilitation program, demonstrating sobriety and showing commitment to ensuring the child’s safety can positively influence the court’s decisions.
Seeking legal guidance to navigate such complexities of custody proceedings and present solid arguments on your behalf can also help protect your interests.
