Child custody cases can be quite complex. There are multiple things to consider, and the court’s main concern is always the child’s health and well-being. The court wants an arrangement where the child feels safe, secure and happy. However, custody rights could become more complex if you are arrested for Driving Under the Influence of Intoxicants (DUII) and could play out differently if you are in the midst of a custody battle, or if you already have custody of your child.
DUII While Fighting for Custody
During a custody battle, you are under a microscope because a judge has to determine who is better suited to make decisions for the child. In Oregon, custody is defined as making decisions for the child with regards to medical care, schooling, and religion. A judge will look to any bad decision and ask if this is a safety concern for the child. If you have been arrested for a DUI, that will be a factor for the judge to consider awarding custody to the other parent.
With a DUI arrest in Oregon, the judge will review the surrounding circumstances. Was the child in the vehicle at the time of the DUI? Was this arrest a one-time instance, or a repeat offense?
If both parents are equal in a custody battle, a DUI could be the tipping point. Your DUI arrest could be a deal-breaker from the judge’s perspective, and result in you losing custody. That is why, during a custody case, it’s imperative not to risk getting a DUI.
Currently Have Custody
If you have already been awarded custody, the standard to flip custody from one parent to another is higher. The other parent has to show — to the legal standard — that you are no longer a fit parent.
While a DUI arrest may not be enough to change custody to the other parent, it could be the ammunition they need to start a case to do so. If the child was in the vehicle when the DUI took place, you are opening yourself up to a better chance that a change of custody could occur.
A DUI could change your life in an instant, and not just with regards to custody. It may affect your job, relationships with friends and family, or be the sign of a larger problem. If you are arrested for a DUII, it is important to surround yourself with the right team of professionals, including counselors, an experienced law firm and a strong support system. When you work with the right people to address the underlying issue, this could positively affect several sectors of your life, including custody.
-Thanks to family law attorney Lewis Landerholm for the help with this blog post!
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