Could My Ex’s DUI Help My Child Custody Case?

 Posted on December 19, 2022 in Family Law

Like any parent, you want to ensure your child’s safety at all times. If you are in the middle of a child custody battle or a divorce and you find out your soon-to-be ex is facing DUI charges, we would want to know about it. It would not matter if your child was in the car at the time of the arrest. Many children are killed in traffic accidents every year while riding in a car with a drunk driver. This could lead a judge to question the child’s safety and whether or not someone is a fit parent.

Guardian ad Litem

When a family court judge is trying to determine custody, the court will appoint a third party to investigate the family, especially if a parent is facing DUI charges. The court will assign a Guardian ad Litem or child representative to gather additional information. This representative is an attorney who has the child’s best interest at heart and will report back to the judge and give a recommendation.

Under Illinois law, the Guardian ad Litem has the authority to:

• Interview with both parents
• Interview all family members
• Investigate the routine of the arrested parent and the child’s daily schedule

The Guardian ad Litem can show up unannounced at a parent’s home and pay the child a surprise visit at school. They will look for signs that could indicate the child’s safety or well-being might be a concern. They may search the home or car for evidence of drugs, alcohol, or other substance abuse and conduct random drug and alcohol testing with as little as a two-hour notice.

Potential Changes in Custody

A social worker is very likely to become involved and investigate if there is a history of alcohol or substance abuse and if the child was in the vehicle at the time of the arrest. In such cases, the courts tend to issue more severe penalties, including supervised or restricted parenting time.

A conviction could be detrimental in future custody matters. The other parent could use this as leverage and file a motion to restrict your parenting time or cut you off completely.

Contact a Lombard Child Custody Lawyer

It is important to hire an attorney who will fight to protect your rights and the best interests of your child. At Mevorah & Giglio Law Offices we have more than 175 years of combined experience advising and advocating for our clients. Contact a DuPage County child custody attorney for an assessment of your custody case. Call 630-932-9100 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506