Will my DUI affect my case for child custody? - DUI Law Questions and Answers- LawQA.com

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Will my DUI affect my case for child custody?

I have been convicted with DUI several years ago. Will this affect my case for child custody? Is there a way for me to have my record cleaned up? How can I avoid having this DUI record take its toll on the child custody case that I have right now?

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
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It could, if the DUI is found to be adverse to the interests of the child. Examples: driving to and from visitation; what are the risks that a DUI presents for the child? It could result in supervised visitation.

Answer Applies to: Washington
Replied: 3/5/2012

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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Probably not if you were not driving with your child. You can't get it off your record if you were convicted.

Answer Applies to: Texas
Replied: 3/1/2012

Law Office of Michael R. Garber
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It shouldn't affect your custody case unless you're habitually drunk. You might be able to have the conviction expunged.

Answer Applies to: Louisiana
Replied: 3/1/2012

Law Office of Thomas A. Medford, Jr., PC
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Several factors can effect this issue and it would be wise to consult an attorney.

Answer Applies to: District of Columbia
Replied: 2/28/2012

Cornish, Crowley, Rockafellow, & Sartz, PLLC
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Unfortunately, there is no way to expunge a past OUI under Michigan's current law. If there had been some serious issues with the past conviction, then you might have been able to appeal and attempt to get the conviction set-aside through the appellate process. Generally speaking, judges have set-aside OUI's because of legal issues. However, the current Michigan law that allows people to request that the court expunge a past conviction after five years because of good behavior and rehabilitation excludes traffic offenses. As for your child-custody case, I'd advise you to consult with a family-law attorney. Most family-law attorneys provide free initial consultations. Speaking generally, any conviction for any substances-abuse related issue certainly may come up in a custody dispute since the parents are under close-scrutiny by both the adversarial parties and potentially state-agencies in some situations as well. Speaking generally, convictions for these types of offenses are an even bigger issue if there are concerns that the parent is still using the substance that was at issue with the criminal conviction. I'd advise you to consult with a family-law attorney regarding this matter.

Answer Applies to: Michigan
Replied: 2/28/2012

Michael Breczinski
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Do you have your license back? Have you stopped drinking? Have you had any other problems? These are the important questions that have to be answered or order to tell if the conviction will affect your child custody matter. There is no way to erase an OIL conviction.

Answer Applies to: Michigan
Replied: 2/28/2012

Answer By Wayne Brucar
Brucar & Yetter, P.C.
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A DUI cannot be expunged from your record. Discuss strategy with your custody lawyer. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague.

Answer Applies to: Illinois
Replied: 2/28/2012


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It may affect it, but there are plenty of people with OWI convictions who are still able to see their children. As long as alcohol is a thing of the past and not an ongoing problem with you, the mere fact of one OWI conviction should not adversely impact your ability to see your children.

Answer Applies to: Wisconsin
Replied: 2/28/2012

Answer By Mark Thiessen
Mark Thiessen, Attorney at Law
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It absolutely could affect your parental rights. That's why you need to fight this DWI with everything you got.

Answer Applies to: Texas
Replied: 2/28/2012

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