While drunk driving is always a serious issue, it is particularly egregious when there are children in the vehicle. If your ex committed this offense, you might be intent on protecting your children from further harm. Conversely, you might face negative child custody consequences if you were accused of driving drunk with your children. Whatever the case may be, a conversation with an experienced child custody attorney in Georgia could prove helpful as you plan out your next steps.
How Do DUIs With Children Affect Child Custody in Georgia?
When approaching the issue of child custody in Georgia, family courts always consider the child’s best interests. One of the most important factors in their final decision is the safety of the child. If there is reason to believe that one parent exposes their children to unnecessary risks due to drunk driving, this could certainly affect child custody outcomes. Any other unsafe behavior linked to alcohol use might also become a central factor in custody outcomes.
In other words, a parent who has a history of endangering their children through drunk driving is unlikely to spend as much time with them as a more responsible parent.
Drunk Driving Incidents: Before vs. After the Divorce
If you are concerned about a drunk driving incident that occurred during the marriage, you should bring this up with your lawyer. It may be necessary to draw attention to this incident in order to protect the children from future harm after the divorce. You should do this even if your ex never faced criminal charges. As long as you can prove that your ex drove drunk with the kids in civil family court, you should still be able to achieve your goals.
If the drunk driving incident occurred after the divorce, it may be necessary to modify the child custody agreement. In order to do this, you will need to establish that a significant change in circumstances has occurred. A DUI arrest or a crash could certainly qualify as a change in circumstance, especially if it endangered or injured the children.
Consider the Burden of Proof in Child Custody Cases
In Georgia, the burden of proof in child custody cases is a “preponderance of evidence.” This means that if you want to protect your children in this situation, you must prove that your ex “more likely than not” drove drunk with the kids.
If you face baseless allegations of DUIs with your children, your ex must meet this burden of proof. If they cannot, you should not face any negative child custody consequences.
Should I Modify Child Custody With Help From a Family Law Attorney in Georgia?
An experienced family law attorney in Georgia may be able to help you plan out your next steps after a drunk driving accident. This incident can be extremely worrying for the family, and it makes sense to protect children from further harm if possible. That said, baseless allegations and misunderstandings should not lead to unnecessary child custody consequences. Expand on this conversation by contacting Lankford & Moore Law today.
