How A First-Time DUI Affects a Father’s Child Custody Case

The Micklin Law Group How A First-Time DUI Affects a Father's Child Custody Case

Child custody strategies for men in New Jersey are always created on a case-by-case basis. Luckily, more and more courts are realizing that a willing and present father should be given ample time with his children (which wasn’t always the case). However, there are factors that can affect your ability to receive joint or sole custody of your child, and a DUI may be one such factor.

A father in New Jersey needn’t assume a first-time DUI will completely squash his chances of receiving custody, but it’s important to be informed about the implications it can have on your case. In this article, I’ll outline the components of a DUI that can affect your child custody case, including what we’ve seen in the past at The Micklin Law Group. Learn how to overcome the negative consequences of your DUI charge and receive your well-deserved, valuable time with your child.

How A DUI Charge Affects Your Custody Case

When the court is determining the best interest of the children, a parent getting a DUI arrest can severely damage a custody case. Working with a knowledgeable child custody attorney in New Jersey, such as those of us at The Micklin Law Group, is the best way to prevent this from happening.

If your ex has made previous substance abuse allegations against you, a DUI could be viewed by the court as valid proof that these substance abuse allegations are truthful. The court may see this as being a serious risk factor to the children, so it can hurt your chances of being awarded custody.

A father who gets one DUI doesn’t necessarily have issues with alcohol, but the court must consider this possibility for the safety and best interest of the child. If your ex chooses to highlight your recent arrest for the court, you must be prepared to fight tooth and nail to prove that your kids will be safe and happy in your custody. If you’re lucky enough to have your ex vouch for your competence as a father, your DUI may not seriously affect your case and you may still be awarded joint custody.

Family Law Court May Intervene in Your Custody Case

If your child was in the vehicle at the time of your arrest, your ex will surely use that information to attempt to discredit your ability to parent. But even if you did not have your child in the car at the time of your DUI arrest, the family law court can still intervene in your custody case. They could appoint a social worker to look into the case and later conclude that there is reason to believe you have driven drunk with kids inside the vehicle in the past. If this is the outcome for you – whether it’s true or not – it can be very difficult to fight this in court. It’s very important to make it clear from the beginning that your child’s safety is not at stake just because you were charged with a DUI. Your New Jersey child custody lawyer should be able to address these concerns quickly and aggressively.

The Financial Hurdles of a DUI in New Jersey

A DUI can be devastating to your finances, which isn’t good news in the midst of a custody case. Even if it’s your first DUI, you may be facing significant penalties, including some jail time and large fines. Your New Jersey DUI cost may be around $10,000 when you include fines and fees, the cost of an attorney, and the cost to reinstate your drivers’ license.

If you’ve been charged with a DUI during your child custody case, you may be strapped for cash. This is why it’s so important to hire a New Jersey child custody lawyer who is experienced and efficient. Your attorney shouldn’t waste your time and your money, especially when you’re recovering financially from a DUI.

Overcoming the Issues Caused by A DUI in Your Custody Case

If you’re already feeling the financial and emotional effects of your DUI, you need to act fast to ensure it doesn’t seep into your child custody case. You must hire a qualified New Jersey family law attorney to help preserve your ability to see your child, especially if your ex is a narcissist and will be disparaging you in court. Are you searching for a child custody or child support attorney in New Jersey? The Micklin Law Group can help. Let’s get started on your case today. Give us a call at 973-562-0100 in Nutley, or you can reach us in Montclair at 862-245-4620.

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