DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

How to deal with drunk driving allegations in your custody case

On Behalf of | Jun 17, 2024 | Family Law

Criminal charges and a subsequent conviction can deal a blow to many areas of your life. Although you might be able to escape the harshest punitive penalties imposed by the criminal justice system, you’ll still be forced to cope with the collateral consequences. Amongst them may be a custody modification request filed by the other parent. If successful, this motion could minimize the time you get to spend with your child and restrict how you can visit or otherwise communicate with them.

How to deal with a custody modification request when you’ve been accused of drunk driving

Keep in mind that the court is going to make a custody determination that’s in the child’s best interests. Therefore, as you prepare to fight back against a custody modification request, consider doing the following:

  • Seek out independent treatment that addresses your substance use issue and any trauma that may be underlying that use, thereby demonstrating that you’ve voluntarily gotten the issue under control.
  • Show how you’ve never subjected your child to excessive alcohol use.
  • Secure witnesses who can testify to the bond you have with your child and how breaking that bond could be harmful to them.
  • Talk to your child’s therapist, if they have one, to gain a better sense of what type of custody arrangement best supports their psychological well-being.
  • Consider requesting a child custody evaluation so that the court can obtain an unbiased third-party opinion.
  • Highlight the other parent’s shortcomings so that you can demonstrate that giving the other parent more time with your child isn’t in the child’s best interests.

How you approach your criminal and family law cases is key

You have to be careful as you navigate your criminal defense and your custody cases. What you say in one may be used against you in the other, and you want to secure good outcomes in each of them.

So, if you’re facing allegations of drunk driving or you’ve been served with a custody modification request based on a criminal case related to substance use, then now is the time to start formulating the strong legal strategies that you need on your side to protect your interests and your child’s future.