How a DUI Affects Child Custody in North Carolina

Written by Jonathan Breeden

July 24, 2020

When you are co-parenting and trying to stick to a custody schedule, even small things like sick days and bad traffic may cause anxiety. But a DUI charge arrest could do a lot of damage. A DUI conviction in NC can seriously impact your parenting plan and child custody rights.

As soon as possible, contact your family attorney about how to handle your DUI charges in relation to possible issues with child custody or parenting time.

With over 20 years experience and local offices in Raleigh, Garner, Angier, and Smithfield, attorney Breeden has helped countless individuals mitigate the negative impact of a DUI on their custody case.

Call (919) 205-5254 today or contact us online to schedule a consultation.

Will a DUI Affect My Child Custody Arrangement?

A DUI conviction can negatively affect child custody in various ways:

You May Lose Your License

A common penalty for a DUI is a driver’s license suspension. Without a driver’s license, you may have to rely on public transportation, rides from friends and family, and rideshare apps. This may be possible, especially if you and your child live near close by. But, if you live far apart, not having a car can make upholding your parenting plan a lot harder.

By working with your custody lawyer, you may be able to arrange a new schedule that involves fewer exchanges or lets you to pick up or drop off at times when you can rely on public transit or a ride.

Without a driver’s license, you may also struggle during your parenting time. You may not be able to pick them up or drop them off at school, take them to extra-curricular activities, or to medical appointments.

This is something their other parent could use to seek full custody or limit your parenting time. To address this before it’s a problem you should speak with an attorney about getting restricted driving privileges.

A DUI Can Be Used Against You in Family Court?

A DUI can impact your child custody schedule if your child’s other parent decides to use it against you. This is a significant risk if the DUI is a symptom of alcohol abuse or if this is a second or subsequent DUI conviction.

Your child’s mother or father could go to court and ask for you to have less physical custody or visitation with your child due to your alleged unhealthy and unsafe conduct.

Judges will take a DUI conviction and any other evidence of alleged alcohol abuse very seriously. The DUI and other signs that you may endanger your child could be enough for you to lose physical custody or to have limited parenting time. If you are afraid of this possibility, call a child custody attorney as soon as possible.

Call a Child Custody Lawyer About Your DUI

If you share child custody and are facing DUI charges in Raleigh, Garner, Angier, or Smithfield, do not hesitate to talk with attorney Jonathan Breeden. Jonathan Breeden is a highly experienced defense and family law attorney. He can help you address this situation and maintain your time with your child.

Call Breeden Law Office today at (919) 661-4970 or use our online form.


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