Can a Drunk Driving Charge Affect My Parenting Time?

Our friend Rich Harris contributed the following Guest Post.  Visit The Harris Law Firm to learn more.

Domestic relations lawyers are frequently confronted with this question, and the answer depends on a myriad of issues.  Colorado family law matters involving children are ruled by “the best interests of the child” statute, and this means that any kind of substance abuse problem could be used against you in a court of law.

If your abuse of a controlled substance has impaired your ability to care for your child, this is a very serious issue. If you are arrested for a DUI or DWAI, and your child is with you in the vehicle at the time, it is possible that you could be charged with child abuse and your children could be placed in the temporary care of county human services. All this is coupled with the fact that you could also face possible incarceration and/or a temporary loss of your driving privileges.

If you have a suspended license due to a DUI conviction, the other parent could request that the court limit your parenting time your children. In some cases, the court may event grant sole custody to the other parent simply because the parent with the suspended license is thought to be incapable of operating a motor vehicle safely or making reasonably responsible decisions in the best interests of the child.

This is a general overview of the issues involved when a parent is charged with a DUI or DWAI, and every case is different.   If you are faced with this kind of issue and there are family law implications, you should always consult with Colorado family law attorney and an experienced Colorado Criminal Defense/ DUI lawyer. Your lawyers can help you navigate the complexities that a DUI conviction adds to a domestic relations case.