Can you still receive sole custody of your son after you received a DUI violation?

Answer 1

Very possibly, but it is a lot more involved than just the DUI. For example, did you have your son in the vehicle when you got the DUI? Have you received more than one DUI? Drinking and driving won't look good to a judge, but if it was a one time thing, custody is based on more than a single incident like this. There are many factors involved on which the judge makes his decision, such as:

Are you able to provide a more stable environment for your son? Does your job require you to work odd or very long hours? Does your job require you to be out of town often? Do you have a good support system (family) nearby? Do you drink on a regular basis? Do you do drugs? Do you let your boy/girl friend stay overnight when your son is with you?

Is the other parent unfit? If so, can you prove it? Does the other parent do drugs? Does the other parent drink excessively? Does the other parent allow his or her boy/girl friend to stay overnight with your son there? Is the other parent employed? Can the other parent provide a stable environment for your son?

I could go on and on with the questions, but these should give you a good idea of what a judge looks at when determining custody. But the bottom line - I don't think a single incident of a DUI will cause you to lose custody of your son if you can prove you are the better parent for the child.

Answer

If the mother presently has custody she must be deemed unfit for the court to grant custody to the father. Unfit is a determination that must be made by the state court that has jurisdiction over the case. Every parent at odds with the other parent thinks the other is "unfit" so it's not simply a matter of opinion.

An attorney who specializes in custody issues can help the father to come to terms with the realities of the situation. If the father truly believes the mother is "unfit" then he should provide evidence to the court when he petitions for sole custody. Children should not be allowed to remain with an unfit parent.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangermentbeing the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child