At times, a DUI/DWI can hurt your child custody and parental visitation in New Mexico. It is well known that driving while intoxicated or impaired can land you in jail. Driving under the influence can also get your mugshot plastered across the newspaper and lead to an embarrassing interlock device.
A DUI/DWI can make you loss of legal parental child custody visitation. This potential harm is magnified when a child is in the car while a parent is driving under the influence. In this situation, the court may find that an act of abuse occurred, and the parent poses an immediate threat of danger to the child.
Let’s uncover how a DUI/DWI can impact your custody and visitation case.
RECENT ARRESTS: NON-CUSTODIAL PARENT GETS DUI
Are you a non-custodial parent that recently has been arrested for DUI/DWI? If so, this charge can make you loss of legal parental child custody visitation in New Mexico.
First, are you following an enforceable custody and visitation order? In other words, do you have an existing custody case and resulting custody and visitation order? If so, family court judges are concerned by fresh DWI/DUI arrests. This concern increases when a parent raises allegations of substance abuse issues that impairs parental fitness.
For instance, your ex may combine claims of abusive drinking or drug use, in combination with the recent DUI/DWI. With that said, your existing child custody or visitation order is still effective and enforceable if you receive a DUI/DWI. Nevertheless, your ex could potentially file a Motion to Modify Custody or Visitation.
When filing a Motion to Modify, your ex likely will claim abusive levels of drinking that pose a danger to the child. In other words, your ex will claim that a big change in circumstances has occurred since your child parental custody or visitation order was entered.
Your judge will be concerned by allegations of dangerous drinking. As always, judges base their child custody or visitation decisions on a child’s best interests. Accordingly, your judge will question if the current visitation schedule best serves your child.
Based on this concern, your judge may:
- Require you to take a test to detect abusive levels of drinking;
- Refer both parents to Court Clinic for an evaluation and recommendations; or
- Appoint a Guardian Ad Litem to investigate the circumstances.
MULTIPLE DUI LEGAL PARENTAL CHILD CUSTODY – CAN YOU LOSE CHILD CUSTODY DUE TO 2nd DUI?
Are you wondering if you can loss of your child custody due to a 2nd DUI/DWI? It depends. You see, it depends on the specific facts of your case. For example, when did you receive the 2nd DUI? How about the first? Did you receive the first DUI many years ago? Did you receive the 2nd DUI recently? Your family court judge’s level of concern increases when both DUIs are recent.
Are both of your DUI’s recent? If so, your judge will be concerned by dangerous drinking. In turn, your judge will question whether the current parental visitation schedule best serves your child. Ultimately, getting full parental custody and visitation are based on a child’s best interests. Consequently, your judge likely will want more information about your drinking, including:
- An alcohol evaluation;
- Hair follicle or Peth test that detects problematic drinking; or
- Court Clinic or a GAL to become involved and investigate the facts.
Additionally, a 2nd DUI combined with other issues causes increased concern. For example, a 2nd DUI may be coupled with the following:
- Allegations of an unstable home environment;
- Domestic violence or restraining orders within the home;
- Other drug use or criminal arrests;
- CYFD involvement; or
- Other allegations of parental unfitness.
In other words, a judge’s level of concern grows as new allegations are thrown into the mix. In turn, this concern may boil over into a change in custody or visitation.
SUSPENDED LICENSE AND PARENTAL CHILD CUSTODY & VISITATION IN NEW MEXICO
Driving on a suspended license can also impact parental child custody in New Mexico. In this regard, your judge will be concerned why you are driving on a suspended license. For example, is your license suspended because you have an active warrant? Alternatively, was your license suspended because you were convicted of a DUI/DWI and failed to meet your requirements? Finally, are you driving your child while your license is suspended?
At a minimum, driving on a suspended license creates questions about parental stability. At a maximum, the offense creates concerns about parental fitness. In other words, depending on the facts, your judge may question your decision-making ability and ability to care for your child.
BOYFRIEND/GIRLFRIEND DUI AND LEGAL CHILD CUSTODY/ VISITATION
A boyfriend/girlfriend getting a DUI/DWI usually doesn’t impact your legal child custody case. But it depends. Was your boyfriend/girlfriend driving while intoxicated with your child in the car? Does your boyfriend/girlfriend live in your home? If so, does your boyfriend/girlfriend have a significant drinking problem? Finally, are there allegations of abuse, or other criminal activity in the house?
At times, family court judges are concerned by a parent’s boyfriend/girlfriend. These concerns may be based on drinking, drugs, domestic violence, or allegations of domestic abuse. Based on these concerns, the judge may prevent the boyfriend/girlfriend from being around the child during a parental visitation. This prohibition may create significant issues when the boyfriend/girlfriend lives with the parent.
Based on the facts and allegations, your judge may prevent your child from being around your boyfriend/girlfriend. Violating this order can have harsh consequences. Depending on your facts, your judge may be telling you to choose between your boyfriend/girlfriend or child.
HOW TO PROVE ALCOHOLISM IN CHILD CUSTODY/VISITATION CASES
You can prove alcoholism in your child custody or parental visitation case by informing your judge of problematic drinking. Your judge’s level of concern depends on your case’s facts. For example, is your claim of problem drinking standing alone? Alternatively, is your claim backed by a history of DWI/DUI arrests? Has CYFD become involved with your case, regarding a restraining order or otherwise? If so, does CYFD also have concerns about a parent’s drinking?
Depending on the facts, your judge may order a PEth test to be completed. A PEth test can detect abusive drinking levels. The test result may further increase your judge’s level of concern.
DUI/DWI AND LEGAL CHILD CUSTODY PARENTAL VISITATION CASES IN ALBUQUERQUE, NM
There’s no way around it, a DUI/DWI can make you loss of legal parental child custody visitation in Albuquerque. Do you have concerns about your ex’s problem drinking and child custody? Alternatively, are you facing false allegations of alcoholism in family court? In either situation, it is essential to speak with one of the best child custody lawyers in Albuquerque, NM. For over a decade, Sanchez has effectively handed legal child custody and parental visitation cases across New Mexico. Speak with a family law child custody attorney that understands NM law. Speak with the best custody lawyer in New Mexico with real-world and hard fought trial experience in getting full child custody. Call (505) SANCHEZ today.
DUI/DWI Child Custody/Visitation in Albuquerque, NM
