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Can a DUI Charge Affect a Child Custody Agreement in New Jersey?

If you are seeking custody of your child and are facing challenges because of a DUI charge, reach out to our dedicated Morris County NJ child custody attorneys today.

Can a DUI charge affect child custody in New Jersey?

Unfortunately, the consequence of a DUI charge on child custody arrangements can be serious. This is because alcohol abuse is one of the most typical problems that come up in many custody conflicts. This means that facing a DUI charge can serve as evidence of an allegation of alcohol abuse which can suggest to the court system that you pose a substantial danger to your child.

One of the largest reasons a DUI affects your chances of obtaining child custody is that a court will look at previous history to define or calculate your moral fitness as a parent. If you would like to learn more about the consequences of a DUI on child custody, contact our experienced family law attorneys.

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

Keep in mind that the effects of a DUI conviction on your custody battle will heavily depend on the kind of custody that you are interested in. Essentially, the result may be different for legal custody than for physical custody.

  • If you are pursuing legal child custody, it is not as likely that your DUI conviction will affect your custody battle. This is because it is thought that a DUI conviction would not greatly influence your decision-making responsibilities on issues of religious education, tutoring, choice of schools, extracurricular activities, cultural education, and other similar topics.
  • On the other hand, if you are seeking physical child custody you are likely to lose the battle because it can be claimed that you may prioritize drinking rather than your children, which can challenge your capacity to be a good parent. Also, it can also be argued that you may also drive under the influence of alcohol with children onboard which puts them at risk. Because of this, while you may be able to provide for the children’s expenses and other basic needs, you can be refused custody on this basis.

As you can see, having a successful child custody case when you have been convicted of a DUI offense is a brutal fight. This is because a judge will always put the best interests and safety of the child first. Reach out to our firm today to speak with our dedicated New Jersey divorce and family law attorneys.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.