Unfortunately, a DUI charge can significantly impact a child custody arrangement. To learn more, continue reading and reach out to our experienced Monmouth County child custody attorneys. Our legal team is on your side. Give us a call today.

Can a DUI charge affect child custody?

A DUI charge can damage your child custody fight significantly. This is because alcohol abuse is one of the most common issues that come up in many custody disputes. As a result, facing a DUI charge can also serve as evidence of an allegation of alcohol abuse which can imply to the court system that you pose a substantial risk to your child.

The biggest reason a DUI affects your chances of obtaining child custody is that a court will look at prior history to determine or measure your moral fitness as a parent. To learn more about the consequences of a DUI on child custody, reach out to our skilled family law attorneys.

Will the effects of a DUI charge influence a child custody battle?

The effects of a DUI conviction on your custody battle will rely on the type of custody that you are interested in. Basically, the outcome may be different for legal custody than for physical custody.

  • If you are seeking legal child custody, it is not as likely that your DUI conviction will impact your custody battle. This is because it is thought that a DUI conviction would not significantly influence your decision-making responsibilities on matters of religious education, tutoring, choice of schools, extracurricular activities, cultural education, and other similar things.
  • However, if you are pursuing physical child custody you are likely to lose the fight because it can be argued that you may prioritize drinking rather than your children, which can question your ability to be an adequate parent. Additionally, it can also be asserted that you may also drive under the influence of alcohol with children on board thereby putting them at risk. As a result, while you may be able to provide for the children’s expenses and other basic needs, you can be denied custody on this ground.

As previously stated, winning a child custody case when you have been convicted of a DUI offense is an uphill battle. This is because a judge will always prioritize the best interests and safety of the child. Reach out to our firm today to speak with our skilled Monmouth County family law attorneys.


If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.