Will I Lose Custody for a DUI Charge in New York?

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If you have received a DUI with your child in the car, you can face serious consequences. Read on to learn more about how a DUI charge might affect your custody arrangement in New York.

How do courts determine custody?

When making a decision about custody, the court will consider the following:

  • The relationship between the child and each parent
  • If the parent will act in the child’s best interest
  • The stability each parent can provide the child
  • Whether or not the parents are willing to accept custody
  • What the child needs
  • The child’s safety
  • History of abuse
  • Both parents’ fitness
  • The geographical proximity of both parents’ homes
  • The preference of the child if they are of sufficient age

Will I lose custody for a DUI charge?

A DUI, especially if your child was in the car, will certainly result in some consequences. These consequences can range from court-ordered testing to the loss of custody. The consequences you face will generally depend on your history. For example, if you have a prior history of alcohol abuse or have faced previous DUI charges, your penalties may be more severe.

Even if you do not lose custody, your custody arrangement will likely be altered. For example, if your license is revoked, it may be impossible for you to take your child to and from school, their other parent’s home, and more. This may result in a temporary custody adjustment.

If I lose custody can I get it back?

It is important to know that if you do lose custody, you may be able to win it back in the future. New York Courts strongly believe that a child benefits from having some form of a relationship with both parents. If you have lost custody, there is a reason this occurred. Addressing this reason and showing proof of change can mean getting custody back. For example, if you lost custody due to alcohol abuse, participating in a program, and showing that you are addressing the issue can help prove to a court that you are fit to parent and should therefore obtain custody. During this process, it is imperative that you adhere to all court orders. This is a delicate situation, so it is important to work with a skilled family law attorney.

If you have lost custody of your child, it is important to reach out to an experienced attorney to discuss your case. Contact our firm to speak with a skilled and dedicated attorney.


Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.

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