Ask Attorney Jennifer B.: Is my client’s custody case in jeopardy if they have a DUI?
Summertime and the livin’ is easy. People are vacationing, the days are longer, and there is more time for having fun. With the relaxed vibe, people might be apt to drink alcohol a bit more. Even well-known celebrities are not immune to receiving DWIs and having their driving privileges revoked. And for those involved in custody litigation, the stakes are even higher – those who drink excessively or abuse drugs or medications may find that time with their children is severely restricted.
It is well-established that when determining custody, the best interests of the children are paramount. And when determining which parent may be more capable of caring for minor children, the safety of the children is something that courts carefully consider. Surprising to some, the use and abuse of drugs and alcohol by a parent often becomes the forefront of a custody dispute. A parent who abuses alcohol or drugs may be prohibited from having overnight time with their kids and in severe cases, time with their children may have to be supervised until they can demonstrate they are clean and sober. In addition, they may be subjected to drug and alcohol evaluations, counseling, and even the use of breathalyzer type devices before they can spend time with their kids.
Clearly, if someone is suffering with drug and/or alcohol issues, they may truly not be capable of caring for minor children. Thus, they should seek treatment so that they are able to handle the responsibility. Unfortunately, while a court can recommend that a party seek treatment before having custodial time or restrict custodial time until a person is clean and sober, it is often not a simple solution or an easy fix. A party suffering from drug and alcohol issues must want to undergo treatment and it is up to them to stick with it. Oftentimes, the threat of losing custody of their children or having their time restricted is enough of an impetus to convince someone that treatment is a necessity and though it may be difficult, they persevere.
There are also a number of parents who use drugs and/or alcohol who don’t realize there is any problem until they are in the midst of custody litigation. Those who drink regularly or take drugs – even prescription medications – are shocked to find their behavior at issue when custody is in dispute. Many people are blindsided by this: they are not aware that behavior that they engaged in when they were together with the other party may become a point of contention when they start fighting about custody of minor children. And no infraction is too small, for example a DUI or DWI on one’s record, even in the past, may raise issues of whether that party is capable of transporting children during custodial time.
This is not to say that those engaging in custody litigation should stop taking necessary medications or refrain from having any alcoholic beverages if they want to spend time with their children. But they need to understand how any abuse of these substances may impact their rights, and they need to take immediate action to remedy any behavior that may potentially impair their ability to properly care for their children. While past use/abuse of alcohol or drugs/medication can be a stumbling block for a party seeking custody, if they are not abusing alcohol or drugs now, they can often affirmatively prove this by drug and alcohol testing along with proof of efforts they have made to remain capable parents who make the safety of their children top priority.
Certainly, the use or abuse of drugs and alcohol is not the only factor that determines a party’s custodial rights. Anything that impairs a party’s ability to care for their children is something that must be considered. After all, when considering the best interests of the children, anything that might affect them needs to be recognized and remedied.
With more than 25 years of experience in the industry, Jennifer Brandt’s practice includes all aspects of family law including divorce, custody, support, alimony, adoption, and guardianship matters in both Pennsylvania and New Jersey. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients. In addition to her busy practice, she’s a well-known legal commentator on national news networks including CNN, CNN Headline News, Fox News Channel, MSNBC, ABC News, Court TV and local and regional television and radio.
If you have a family law issue or would like her to speak about legal issues, you can connect with Ms. Brandt at www.cozen.com.
