April 17, 2025 In Uncategorized

If I just got a DUI, can I still get custody of my kids?

Can a DUI negatively impact my child custody case?  Absolutely, but it may not be as bad as you think.  In Texas, a DUI (“Driving Under the Influence”) or DWI (“Driving While Intoxicated) can impact child custody but it doesn’t mean that you will automatically lose.  Texas courts use the best interests of the child standard under Texas Family Code § 153.002. Under this standard, the court evaluates both parents and considers factors including your parenting ability, stability, and the child’s safety. A single DUI may not bar custody if it’s an isolated incident especially if you can show rehabilitation and where there’s no evidence of ongoing substance abuse or child endangerment (driving with kids in the car). Nevertheless, a DWI conviction could lead to restrictions, especially if it suggests a pattern or risk to a child.
Some Key Factors in Texas:
  • DWI Impact: A first-time DWI (Class B misdemeanor, up to 180 days jail, $2,000 fine) is serious but less damaging than multiple ones or a felony DWI.
  • Court Considerations:
    • Was the child in the car? (DWI with a child passenger is a state jail felony, and this could be very bad for child custody.)
    • History of alcohol or drug issues? (Courts may require sobriety tests or further treatment.)
    • Your relationship with the child, home environment, and co-parenting ability.
  • Rehabilitation: Completing DWI penalties (e.g., probation, alcohol education, community service) and voluntary steps like AA, counseling, or parenting classes which may show responsibility.
  • Custody Types: Texas uses “conservatorship” (joint managing conservatorship or sole managing conservatorship) and “possession” (visitation). A DWI might lead to supervised visitation or conditions (e.g., no alcohol during parenting time) rather than outright denial of custody.
Steps you can take to Strengthen Your Case:
  1. Hire a Family Law Attorney: Texas custody cases are complex, and an attorney can tailor your case to local court practices and, even better, local judges.
  2. Complete DWI Bond Requirements: This should be a no brainer, but you need to finish court-ordered programs (e.g., DWI Education Program, probation) and you should document your compliance.
  3. Show Rehabilitation: Enroll in a substance abuse treatment or counseling, maintain sobriety, and provide evidence (for example, clean drug tests).
  4. Stable Environment: Demonstrate a safe home and consistent parenting.
  5. Be Proactive: Courts favor parents who take initiative to address issues.
Potential Outcomes:
  • Joint Managing Conservatorship: Common in Texas unless the DWI indicates significant risk (see multiple DWIs, drug use)
  • Supervised Visitation: If the court doubts your reliability or credibility, your visits may be supervised.
  • Restrictions: No alcohol/drugs during parenting time or ignition interlock device use.
  • Loss of Custody: Extremely Rare for a single DUI unless aggravated by other factors like driving your child around in the car with you while drunk.(e.g., child endangerment or repeated offenses).
Keep in Mind:
  • Standard Possession Order: Texas presumes a standard visitation schedule for non-custodial parents unless there are serious safety concerns to justify restrictions.
  • Child Endangerment: If the DWI involved the child, Texas Family Code § 153.004 allows courts to limit or deny custody if there’s a history of endangerment.
  • Court Discretion: Judges in counties like Tarrant or Collin County tend to view DUIs more harshly than Dallas County.

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