Will I lose visitation rights if I have been charged with a DUI?
I am supposed to see my kids every weekend, but I am worried that my ex wife might hold my DUI against me to get full custody of her children. I love my kids and would never harm them, but this might look like I am irresponsible. What can I do to prevent this from happening?
Answered By: The Law Offices of Robert L. Driessen
Anything can happen in family court. This is not a good thing for you but you will probably want to have an attorney present the best possible case for you in court to protect your visitation rights.
Answer Applies to: California
Replied: 8/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
I no longer handle dissolution or custody matters, but it is unlikely a simple DUI would result in change of custody, unless your kids were in the car with you, or you put them in jeopardy or neglected them in some other way related to drinking. The DUI does show lack of concern for your safety and societys rules. That is what your spouse would argue if she tried for custody. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. Of course you can fight the DUI charges.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Chastaine Law Office
It is not automatic that you lose custody. Be sure that you are not driving after drinking with kids in the car. Your ex-wife would have to move the court to change child custody. If that occurs then you can contest it.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
You can prevent this from not happening by hiring a DUI specialist to defend you in court so that you don't have to plead to a DUI, but something lesser, like reckless driving.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Wallin & Klarich: A Law Corporation
If you are found guilty of a DUI one of the likely results is your driving privilege will be suspended for a period of time. OF course this would impact your ability to provide transportation for the children. This is how this comes up in many custody battles. You should fight your DUI to try to avoid your CDL from being suspended with a DUI law firm. Then you need to meet with a family law lawyer to protect your visitation rights.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Robert Mortland
This will look very bad and your wife will likely bring this up to the judge. Most of the time it is not a major issue. However, depending on the other circumstances of your case, this could lead to issues in family court.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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