If my Ex-Spouse was Arrested for a DUI. Do I get Full Custody?

Top Divorce Lawyer

Family law and criminal law do sometimes overlap. The events can be related and sometimes not. If you share custody with your child’s other parent and they have been arrested, you need to contact the top child custody lawyers Austin, TX offers to help you sort through this process and decide what is in the best interests of your child.

When your former spouse is arrested for a DUI, there are several things that will happen. First, your former spouse will spend the night in jail. Second, they will be arraigned where they formally hear the charges against them. Third, they will most likely work out a deal with prosecutor where they are on probation.

Your child’s best interests

If your child was in the vehicle while your former spouse was arrested for a DUI, that is a serious issue. You want your child to be safe at all times and your former spouse put them at risk. A court will not look fondly upon their action and may grant some additional custody to you.

However, in order for the court to be aware of this action, you need to alert them. A lawyer can assist you with this process. The paperwork is intensive and must be accurate. In addition, there are legal steps to follow to make sure we don’t impede on the rights of your former spouse.

Even if your child was not in the vehicle and was safe at home with you, you still need to alert the court to the behavior of your former spouse. Their behavior could potentially put your child at risk. While you’re child wasn’t in the car this time, they might be next time. Are you willing to take that risk?

Child custody modification

Even if just temporarily, it is in your child’s best interest to modify the custody agreement. Your former spouse will likely be on probation which will limit his or her ability to transport your child to and from school and social activities.

While this will undoubtedly place a larger burden of responsibility on you, your child deserves the best care possible. Letting your child stay with a parent who has issues to resolve is not prudent. Your former spouse should be able to retain some custody and should be able to eventually get back to where your agreement originated. But he or she must first prove their fitness to you, your child, and the court.

We can help you through this process

A child custody modification process is complex. You should not attempt it alone. But that doesn’t mean you should avoid it.

You must always be thinking of the best interests of your child. While it may seem unfair to your former spouse to try and reduce his or her custody, you are simply doing what is best for your child and they should be able to understand that, even if not in the short term.




Thank you to our friends and contributors at The Law Office of Ryan S. Dougay for their insight into child custody and DUI charges.