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Can a DUI Charge Affect a Child Custody Agreement in New Jersey?

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You can expect obstacles during a child custody agreement if you were previously charged with a DUI in New Jersey. Continue reading and reach out to our skilled Somerset County child custody attorney.

Can a DUI charge affect child custody?

A DUI charge can have a significant negative effect on your child custody battle. This is because alcohol abuse is one of the most common issues that come up in several custody conflicts. Because of this, facing a DUI charge can be used as evidence of alcohol abuse which can show the court that you may pose a serious risk to your child, thus making you an unfit parent.

The largest reason a DUI impacts the likelihood of obtaining child custody is that a court will look at previous history to define or calculate your moral fitness as a parent. If you have questions or concerns about the consequences of a DUI on child custody, do not wait to reach out to our skilled family law attorneys.

Will the effects of a DUI charge influence a child custody battle?

A DUI conviction can have a serious impact on your custody battle. You will want to keep in mind, however, that the result may be different for legal custody than for physical custody.

  • In the event that you are seeking legal child custody, your DUI conviction will not as likely impact your custody battle. This is because it is thought that a DUI conviction would not significantly influence your decision-making responsibilities on matters of religious education, tutoring, choice of schools, extracurricular activities, cultural education, and other similar things.
  • On the other hand, if you are seeking physical child custody you are likely to lose the fight because it can be asserted that you may prioritize drinking instead of your children, which can question your ability to be an adequate parent. Also, it can also be claimed that you may also drive under the influence of alcohol with children in the car which puts them at serious risk. Because of this, while you may be able to provide for the children’s expenses and other basic needs, you can be refused custody.

As previously stated, winning a child custody case when you have been convicted of a DUI offense is not going to be easy. This is because a judge will always prioritize the best interests and safety of the child. Contact our firm today to speak with our skilled Somerset County family law attorney.

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If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.

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