Can an Indiana OWI Affect My Child Custody Case?
Cases involving child custody or parenting time put your personal life under intense scrutiny in family court. The court’s primary concern is the best interests of the child, and unfortunately, an OWI (Operating While Intoxicated) arrest or conviction can complicate your custody case significantly. Indiana child custody lawyers representing the other parent may use your OWI as leverage to restrict your access to the children. Family courts often view an OWI as a sign that a parent may pose a potential danger to the child, which can negatively impact your case.
Indiana OWI Involving Children in the Vehicle
Under Indiana OWI law, driving while intoxicated with a child passenger can escalate the offense to a potential felony. If you’re arrested for OWI in Indiana while transporting children, the consequences could be far more severe. Representing yourself without legal guidance can increase your exposure to criminal charges and custody battles. Therefore, seeking professional help from an Indiana family law attorney and a criminal defense lawyer is crucial. Webster & Garino LLC specializes in both child custody law and OWI defense, providing comprehensive legal support for your case.
Ongoing Alcohol or Drug Abuse
Even if children were not in the vehicle during your Indiana OWI stop, the arrest and subsequent conviction could raise concerns regarding your parental fitness. If the other parent uses your alcohol or drug abuse as a basis for questioning your ability to care for the children, the court may take these concerns seriously.
Accusations of substance abuse could lead to a Guardian ad Litem (GAL) being appointed to investigate the case. A GAL’s role in Indiana child custody cases is to assess the well-being of the children and determine what is best for them. This investigation can delay the process but may lead to outcomes like supervised visitation or, in extreme cases, full custody being awarded to the other parent.
License Suspension and Impact on Custody
An Indiana OWI conviction leads to a number of life-altering consequences. Under Indiana law, a first offense OWI can result in the suspension of your driver’s license for up to one year if your BAC (blood alcohol content) exceeds .08. A license suspension can lead to job loss and hinder your ability to perform parental duties like driving your children to school, activities, or appointments.
The other parent may seize this opportunity to request a custody modification from the family court. Income loss and the inability to care for the children’s logistical needs can significantly impact the custody schedule.
How Webster & Garino Can Help
If you are dealing with an OWI and child custody issues in Indiana, consulting with experienced child custody lawyers and OWI defense attorneys at Webster & Garino is your best course of action. We can provide you with sound advice and representation on your parental rights, help you navigate the criminal justice process, and ensure that your voice is heard in court.
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