Perhaps an obvious point, but worth stating nonetheless, child custody decisions in NH are guided by the “best interests of the child” court doctrine. What that means is if a parent is arrested for or convicted of driving under the influence (DUI), it can significantly influence family court decisions regarding custody and visitation rights.
Understanding how a DUI may impact your parental rights is crucial if you’re involved in a custody dispute. That’s why our team devoted some time to laying out the basic breakdown of what a DUI conviction could mean when it comes to the custody agreement you currently have or are trying to establish.
The “Best Interests of the Child” Standard
New Hampshire courts prioritize the child’s well-being when determining custody arrangements. Factors considered include each parent’s ability to provide a safe environment, the child’s relationship with each parent, and any history of substance abuse or criminal activity. A DUI conviction can raise concerns about a parent’s judgment and capacity to ensure the child’s safety.
Impact of a DUI on Custody and Visitation
While a single DUI offense may not automatically result in loss of custody, it can be a significant factor in the court’s evaluation. The severity of the offense, whether the child was present during the incident, and any patterns of substance abuse are critical considerations. Aggravated circumstances, such as high blood alcohol levels or repeat offenses, may lead the court to impose restrictions or modify existing custody arrangements.
Potential Court Actions
Depending on the specifics of the DUI case, the court may:
- Order Supervised Visitation: If the court deems unsupervised contact unsafe, it may require that visits occur under supervision.
- Mandate Substance Abuse Treatment: The parent may be required to complete a rehabilitation program before regaining certain custody rights.
- Modify Custody Agreements: In cases where the DUI indicates a risk to the child’s welfare, the court may alter custody arrangements to limit the offending parent’s time with the child.
Steps to Mitigate the Impact
If you’re facing a DUI charge and are concerned about its effect on your custody case:
- Seek Legal Counsel: An experienced family law attorney can help navigate the complexities of your case and advocate for your parental rights.
- Demonstrate Rehabilitation Efforts: Engaging in substance abuse counseling or treatment programs can show the court your commitment to change.
- Maintain Compliance with Court Orders: Adhering to any imposed conditions, such as supervised visitation or regular drug testing, is essential.
The Bottomline: Contact Bernstein & Mello
A DUI can have serious implications for child custody and visitation rights in New Hampshire. However, with proactive steps and legal guidance, it’s possible to address the court’s concerns and work towards a favorable outcome.
Check out our FAQ page where we offer answers, based on our expertise and experience, to the most common NH child custody, family law, and DUI/DWI questions.
If you’re dealing with a DUI in NH, specifically in the context of a custody dispute, consulting with our team is crucial to protect your interests and those of your child.
