Facing a DUI conviction is scary, especially when you have kids and worry about whether this may impact your ability to see them. It is understandable to be concerned if you have shared custody or visitation rights, as it could potentially impact you.
The court’s priority
The legal system in Washington prioritizes the best interests of the child. This means that a DUI conviction—or any criminal conviction—could potentially affect your parenting time or custody, depending on the specific circumstances of the case.
Best interests of the child
When the court determines the child’s best interests, it considers many actors. Among them are the child’s safety and well-being, emotional stability and health and ensuring a safe environment where they can thrive. Anything that threatens these interests can potentially affect a parenting time decision.
Short-term vs. long-term
The court will likely consider whether your DUI conviction is a one-time event or a pattern. If it is a one-time event, the court may take measures to protect the children in the short term, such as making temporary changes to your parenting schedule.
If the DUI conviction is part of a pattern, the court may take more severe actions by altering whatever agreement was in place before, if the agreement allowed you long, unsupervised time with your children when they could be at risk.
Mitigating the impact
If you face a DUI charge and are concerned about custody, the best thing you can do is discuss everything with your attorney. Do not make any statements to the police until you speak with your attorney, for they will provide you with information and knowledge of the process and how to move forward best.
While a DUI conviction can potentially impact your parenting time or custody rights, speaking with an experienced attorney who understands the law and how these particular cases work is imperative before jumping to conclusions.