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How a post-divorce drunk driving charge could destroy your custody case

On Behalf of | Feb 20, 2022 | Custody & Visitation |

Divorce can really throw someone’s emotional state off-balance. That may be why a lot of divorced (and divorcing) people turn to alcohol to ease their woes.

However, even if you indulge a little, you don’t want to let your drinking get out of control. In particular, you don’t want to end up with a drunk driving charge. That could put a major damper on your custody rights.

What it could say about you as a parent

Texas, like all other states, makes it a point to allocate possession of and access to the children based on whatever is in their best interests.

Even without a conviction, a drunk driving charge could indicate to your co-parent (and the court) that you’re not fit to have shared possession of the children because:

  • Your home life is unstable: Drinking to the point of excess – and ending up charged with a crime because of it – indicates that you may not be providing a good living environment for your children. If the charges are serious (and you’re facing jail time), that’s definitely going to be devastating to your child’s home life.
  • Your child may be unsafe: A parent who is intoxicated may not make wise parenting choices, and drinking can affect your ability to understand your child’s needs and respond to them. You could even be putting your child in danger if you pass out while home alone with them or drive while impaired with the kids in the car.
  • You may be a poor role model: Children imitate what they see in order to learn. If your coping mechanisms for stress involve a bottle, that’s not exactly a great example for the kids.

It’s always best to avoid trouble in the first place. However, if you’ve made a mistake, don’t let your relationship with your children end up damaged as a result. Experienced legal guidance can help.