Steps to Take Custody When Your Ex Gets a Dui

Did your ex get pulled over for driving drunk and get charged with a DUI? You may be able to take steps to gain custody of your children. Speak with a child custody attorney at Plog & Stein today. You do not have to go through this alone Contact Us

Understanding Child Custody and DUI’s in Colorado

Initially, it should be noted that one parent getting a DUI charge, standing alone, may not be a basis for a change in child custody or parenting time, or entry of emergency orders. Though any parent being charged with a DUI may be cause for concern, the key issue is how, if at all, it impacts their ability to parent.

When the other parent of your child is charged with driving under the influence (DUI), it’s important to consult with a lawyer as soon as possible to thoroughly go through the facts and circumstances surrounding the situation.

Of course, the first, most important issue to be dealt with is making sure that your children are safe. Beyond immediate safety concerns, there may be other long term and short term legal steps you might take tied into the DUI.

Given that family law judges are empowered with wide discretion to determine the best interests of a child, a DUI may be treated differently from court to court.

Table of Contents

1. Understanding Child Custody and DUI’s in Colorado
   1. Emergency Child Custody Action From a DUI
2. When Can Parenting Time be Modified Due to a DUI
3. Explore Your Custody Options Today – Contact Our Experienced Attorneys Today
   1. Does a DUI automatically mean I can get full custody of the children?
   2. What if the DUI didn’t happen with children in the vehicle — can it still impact parenting time?
   3. Do I need to wait until the other parent’s DUI case is fully resolved before I file for a modification of custody or parenting time?
   4. What evidence is helpful if I want to modify parenting time because of a parent’s DUI?
   5. What should I do next if my ex-partner got a DUI and I’m concerned for my children?

Emergency Child Custody Action From a DUI

Emergency action would certainly be warranted if that parent got the DUI with the child, or children, in the car. Generally, that parent is also going to be charged with child abuse.

By driving while intoxicated with children in the car, the offending parent has clearly placed them in physical danger. Unless there is a foolproof assurance that this behavior will not happen again, or an agreement to temporarily suspend parenting time, filing a motion to restrict parenting time under C.R.S. 14-10-129.4 is the most effective way to ensure the children’s immediate safety.

With the filing of the motion to restrict parenting time, all visitation ceases until there is a court hearing, which must occur 14 days from the date the motion is filed. At the hearing, the court will need to determine the severity of the problem and whether the kids are in “imminent danger” such that a restriction of time will need to continue.

When Can Parenting Time be Modified Due to a DUI

If there have been multiple DUI’s, particularly when those DUI’s have caused a disruption to parenting time, there may be a basis for more long term modifications of parenting time. This might be justified due to missed time and the impact the parent’s behavior has on the children.

Perhaps that parent has lost his or her license and no longer has the ability to drive the children during his or her allotted times. Moreover, the DUI may be a symptom of a deeper seeded alcohol abuse problem. There are some judges who may not view a single DUI, or even two, as a big deal.

In most cases, at a minimum, the court will likely enter orders prohibiting the use of alcohol and requiring testing for a period of time. Testing will generally entail either breathalyzer testing or ETG urinalysis. The latter can detect alcohol use roughly 80 hours in the past.

Though visitation may not initially be changed due to the DUI, failing to comply with any testing requirements may lead to a cessation of parenting time.

Explore Your Custody Options Today – Contact Our Experienced Attorneys Today

Each case is different and the facts surrounding the DUI do matter. If you are in a situation in which DUI has become an issue, contact the child custody attorneys as Plog & Stein, P.C. to get a better understanding of your rights and options.

Our attorneys understand that the safety of your children is of the utmost importance to you. We also understand the importance of making the right legal decisions in order to protect them, call us at (303) 781-0322.

Frequently Asked Questions

1. Does a DUI automatically mean I can get full custody of the children?

No — a single DUI charge, by itself, does not automatically grant full custody or even a change in parenting time. What matters is how the DUI affects the parent’s ability to safely and responsibly care for the children.

2. What if the DUI didn’t happen with children in the vehicle — can it still impact parenting time?

Yes — although the immediate danger scenario (children in the car) is the clearest ground for emergency action, repeated DUIs, substance-abuse issues, or significant disruption to parenting time can also lead to long-term modifications.

3. Do I need to wait until the other parent’s DUI case is fully resolved before I file for a modification of custody or parenting time?

Not necessarily. If there is an urgent safety concern (for example, children were in the car during the DUI), you may file for emergency restriction of parenting time under C.R.S. 14-10-129.4 ahead of final criminal resolution. The court will hold a hearing within 14 days of the motion.

4. What evidence is helpful if I want to modify parenting time because of a parent’s DUI?

Some helpful evidence may include:

• Police reports or court records of the DUI, especially with children in the vehicle
• Proof of repeated substance use or multiple DUIs
• Records of missed or disrupted parenting time due to loss of driver’s license or substance issues
• Court-ordered testing or monitoring that the parent is not complying with

5. What should I do next if my ex-partner got a DUI and I’m concerned for my children?

It’s important to consult a family law attorney who understands custody and parenting time issues in light of DUI cases. Your attorney can evaluate your specific facts, help you determine whether emergency action is appropriate, and guide you through the process.