Divorces often result in one or both spouses feeling emotionally distraught, which can lead to unwise choices. When the couple is fighting over custody of the children and one parent is convicted of driving under the influence of alcohol, the other parent gains a significant advantage. That conviction can be used in court to indicate the person has a drinking problem, is an unsafe driver and is not a suitable influence for shared or primary physical custody. This person needs a family lawyer in Waukesha, WI for legal representation to prevent the worst consequences from occurring under these circumstances.
A family lawyer in Waukesha, WI can build an effective case showing that this was an isolated incident brought on only by the emotional trauma of the divorce. Character witnesses, such as a member of the clergy and the person’s work supervisor may be brought forward to testify. Evidence will be provided of how involved this parent is in the children’s lives and how detrimental it would likely be for them to lose a large amount of contact with the parent. The individual can help their case by getting involved in counseling or an outpatient treatment program and refraining from drinking alcohol for the near future.
Parents typically share legal custody of the children in regard to making decisions on their behalf. This will probably not be affected by one DUI conviction, especially if there was no accident involved and the person’s blood alcohol content was close to the legal limit. Gaining primary physical custody will be more difficult if the other parent is challenging the situation. If the children currently live with the parent convicted of DUI full time, this may work in the parent’s favor. Primary or shared physical custody may continue if there is no proof that the parent is neglecting child care duties due to alcohol use or partying. If driver’s license suspension is a factor, there must be a safe and effective way for the children to have transport as needed. A firm such as Horizons Law Group can help. Contact us for a consultation.
