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Husband and I only get his son on weekends but have always wanted to have full custody but knew we'd lose. A few days ago we found out that the mother was arrested for a DUI and are wondering if we should go for full custody?

Best Answer :

You should have gone for full custody a long time ago if thats what you and hubby wanted.(and is in the childs best interest)How do you know you "would lose" unless you try?? This is probably not the first time mom has driven drunk…just the first time she has been caught. Custody cases are not decided over night. If mom has shown a history of neglect/abuse, or has a history of drug and alcohol abuse then you will probably have a good case. You need to contact a lawyer and see what your options are.

Other Answer(13) :

yes. especially if the kid was in the car when she got the DUI.

Yes, but let her see the child every now and then.

Yes, because it shows irresponsibility, anything of this nature, the courts see as a child welfare issue because, well it's against the law and you have a childs future to protect.

What does the child want? Is the Mother a good mother who made a mistake? If she is a repeat violater she may do prison time–in this case your chances are greatly improved.

Talk to your lawyer. Her having a DUI will definitely help you out. If you really want full custody, then you will fight it – her having a record or not. Good luck!


only if the child was in the car w/ her. why are you trying to take the child away from his mother anyway,just cause she got a dui.

I was asked if I ever had a DUI with the kids in the car with me. Of course I said no. Really if that's not the case then probably be hard. You might could go for joint custody? Also, if you can prove her environment for the son is bad you might could? I would just advice to go for joint Custody, because I think both parents need equal rights. That's my point of view.

You'd need to prove the mother unfit. A DUI certainly won't help her case but fitness is a complex thing to judge.

If the child were with her when she was arrested coming home from a bar, that would be pretty tough for her to overcome. On the other hand, if she were transporting an injured neighbor to the hospital while another neighbor watched the child it would probably not go against her very much, if at all.

You need to contact an attorney.

If a child is in the car with someone drunk it also becomes a child endangerment issue.

Yes you can file and win for Full custody of your child. The police have her record and your lawyer should get it for you. You do not want your child around some one who has a drinking problem. First its aDUI and then its much worse. SO do what ever possible to get a full custody of his son. The judge will not look favor to her being arrested for this type of act. THey even will grant you and your husband a temporary custody until she goes to a rehab center and. You can use that time to prove your self to the judge that your a better parent to take care of this child.

You absolutely must think of whats best for the child FIRST!! The mom probably went out for some drinks with a friend, drove home intoxicated and got caught. Even ONE drink puts you over the legal limit. So ask yourself this, if you are having wine with dinner then you get pulled over and you are over the limit– you would be PISSED that one glass got you in so much trouble. EVEN more pissed if the mother then tried to say you didnt deserve your kid.

Yeah, its a HUGE mistake, but is it one worth losing your child over? i think no.

best of luck

Being arrested for DUI isn't a reason to lose custody of a child, unless she put the child in danger. Having a DUI does not mean one has a drinking problem, either, because 2 glasses of wine will blow a .08.

Your lawyer would have to prove, beyond doubt, that the child deserves to be with you and the father, but that would entail neglect, abuse, endangerment, or some other crime against the child. A DUI, although stupid, does not make her an unfit mother.

Just so you know, I am a family rights advocate in Georgia, and I fight for the rights of families in any situation. I'm not talking out my behind. No decision can be made here without full details.

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