Will I lose visitation rights if I have been charged with a DUI?
I am supposed to see my kids every weekend, but I am worried that my ex wife might hold my DUI against me to get full custody of her children. I love my kids and would never harm them, but this might look like I am irresponsible. What can I do to prevent this from happening?
Answered By: Reeves Law Firm, P.C.
Unfortunately, a DWI is irresponsible. You have lemons my friend, it is time to make lemonade. The best thing you can do is spin it positive, show you have no drinking problem (get an assessment if necessary) show it was a one time deal. If you have a drinking problem (even if you don't want to admit it) now is the time to seek help.
Answer Applies to: Texas
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/10/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Cynthia Henley, Lawyer
You should not lose visitation for a first offense DWI. However, it is possible that your ex could ask the court to order you not to consume alcohol for 24 hours before you pick up the children, not to drink while they are there, and never to drive them anywhere after you have been drinking. There are many parents who end up with DWIs who do not lose custody, or visitation. You need to hire a good lawyer to fight the DWI if it is at all defensible.
Answer Applies to: Texas
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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