How a Recent DWI or DUI Will Affect Your Child Custody Case

According to the National Institute on Alcohol Abuse and Alcoholism, “more than 10 percent of U.S. children live with a parent with alcohol problems.” If you have been arrested for DWI (Driving While Intoxicated) or DUI (Driving Under the Influence), it could reflect poorly on your ability to act in the best interests of your children and provide a safe home environment. We’ll dive into how these pending charges can affect your case.

Under Texas law, divorcing parents, as well as parties involved in Suits Affecting Parent Child Relationships (SAPCRs), are encouraged to share the responsibilities of parenthood. They are also charged with a duty to provide a safe and stable environment for their children. Each family court will make a custody determination in line with the best interest of the children.

Parents who have a DWI/DUI conviction (or pending charges) could be at a serious disadvantage when arguing for possession and access. If a parent has pending, recent, or multiple DWI/DUI charges, acquiring or keeping custody will be challenging; in these circumstances, an opposing party may request that she be made sole managing conservator of the children.

A parent with sole managing conservatorship can make all the major decisions on behalf of their children, even if a non-custodial parent does not agree. Since visitation usually involves parents driving to and from exchange locations, visitation may be denied or made supervised if the court determines that an offending parent cannot provide safe transportation.

If you have a DWI/DUI or want to consider petitioning for sole managing conservatorship on the basis of a spouse’s DWI/DUI, we encourage you to contact an experienced family law attorney.