Can an Indiana OWI Affect My Child Custody Case?
Cases related to child custody or parenting time put your life under the microscope in family court. The best interests of the child guide judicial decisions and an arrest or conviction for an OWI can complicate your case considerably. Child custody lawyers Indiana representing the other parent might use the incident to restrict access to children. Family courts might interpret an OWI as evidence that a person poses a danger to children.
Indiana OWI Involving Children in the Vehicle
Indiana OWI law considers people who operate a vehicle while intoxicated as potential felons if they are arrested for an Indiana OWI while transporting children. Seeking representation from Webster & Garino connects you with a family law attorney Westfield Indiana with the resources to manage a criminal Indiana OWI defense as well as child custody matters.
Ongoing Alcohol or Drug Abuse
Even when children are not present in a vehicle during an Indiana OWI stop, the subsequent arrest and possible conviction could call parental fitness into question. If the other parent complains about the person’s alcohol and drug abuse or addiction, then a criminal record often requires the court to take the allegations seriously.
Suspicions about substance abuse could cause the family court to assign a Guardian Ad Litem or GAL the Indiana child custody case. A GAL’s investigation will add time to the process. The agent of the court might visit the parent’s home, interview other family members, and speak directly with the children. The resulting report to the Indiana family court about the person’s alleged substance abuse problem could convince a judge to place the children exclusively with the other parent or require supervised visitation.
An Indiana OWI sets off a series of negative consequences. Indiana OWI laws prohibit individuals from operating a vehicle with a blood alcohol concentration, BAC, of .08 or above. A misdemeanor conviction in Indiana for a first-offense OWI suspends the person’s driver’s license for up to one year. A person might lose a job because of a license suspension or jail time. Income loss and the inability to transport children to school and other activities could prompt a co-parent to petition a family court to modify the custody schedule.
You can consult knowledgeable child custody lawyers Indiana and OWI Indiana lawyers at Webster & Garino. You’ll gain answers about parental rights, the criminal process and our support when you need to communicate your needs in court.
Here are three take aways from the Indiana supreme court cell phone case.Read more here.