Divorce Attorneys, DUI, DWI, Child Abuse

Driving while under the influence of drugs and driving while intoxicated potentially violates numerous criminal statutes, including prohibitions against child abuse and recklessness endangerment of a child. Once documented by law enforcement officers, a divorce attorney may file a motion for modification of custody to prevent future harm.

How divorce attorneys change custody orders

After a motion is filed, a hearing is required in which all interested parties are provided an opportunity to be heard. Based on an arrest record for DUI or DWI, parental custody may be terminated temporarily subject to requirements established by the court. As a general guide, judges change custody orders upon the showing of a substantially changed condition which affects the best interest of the child. Virtually all judges consider DUI or DWI as a substantially changed condition and will require positive steps before subjecting a child to potential harm in the future. Courts maintain broad authority to determine requirements for the protection of the best interest of the child, and may require counseling, rehabilitation, or community service as a condition of restoring visitation.