Can I Get Custody of My Child if My Ex Gets a DUI in New York?

Can I Get Custody of My Child if My Ex Gets a DUI in New York?

As a parent, there’s nothing more important to you than your child’s safety. Unfortunately, if you are a divorced parent and share custody of your child, it’s nearly impossible to ensure your child is safe at all times. Though everyone makes mistakes, one of the worst mistakes a parent can make is driving while under the influence of alcohol, especially with a child in the car. If your ex recently received a DUI, you may be wondering if you can modify your custody agreement to help keep your child safe. Please continue reading and reach out to our experienced New York City child custody attorneys to learn more.

If my ex gets a DUI, can I modify our child custody agreement?

Of course, getting a DUI demonstrates a serious lack of judgment, however, a DUI in and of itself typically won’t warrant a modification to a child custody agreement. That said, if this is your ex’s second, third or subsequent DUI, it may impact custody, as a repeated lack of judgment may demonstrate that he or she is parentally unfit and poses a danger to your child.

What if my child was in the car?

Getting a DUI with a minor in the vehicle is an entirely different story. If you can prove that your ex was driving while intoxicated with your child in the car, there is a very good chance you can receive a child custody modification. As a parent, your custody agreement revolves around your child’s best interests, and putting a child in such danger, rather obviously, does not reflect his or her best interests. If your ex received a DUI with your child in the car, you need to speak with us today. Our New York City divorce attorneys are dedicated to helping parents and their families live safe, productive lives, and we are here to put your decades of experience to work for you as well. Pick up the phone and give us a call so we can get started.

Contact Our New York City Firm

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

Latest Blogs & News

  • Should I Include Digital Assets in My Estate Plan?
  • Do I Have to Serve My Spouse Divorce Papers?
  • Should I Hire a Divorce Mediator?