Stevie Chapman, Esq.
Family Law & Criminal Defense Attorney at Seki Family Law in Roseville
FAMILY LAW & CRIMINAL LAW
When a DUI Affects Your Custody Case: What California Parents Need to Know
By Stevie Chapman, Esq. · Seki Family Law · Roseville, CA
A DUI arrest is stressful on its own. When you are also a parent involved in a custody matter, the stakes are significantly higher. Many parents in this situation do not realize how directly a criminal charge can affect what happens in family court, or how quickly.
How California Courts View DUI in Custody Cases
California family courts make custody decisions based on the best interests of the child. A DUI charge, particularly one involving a minor in the vehicle or a blood alcohol level well above the legal limit, can raise concerns about parental judgment and fitness. Even a first offense with no conviction can be raised by the opposing party in a custody proceeding.
This does not mean a DUI automatically costs you custody. It means the way the criminal matter is handled matters enormously, both in criminal court and in how it is presented in family court.
What the Opposing Party Can Do
In a contested custody case, the other parent's attorney may use a DUI arrest or conviction to argue for reduced parenting time, supervised visitation, or a requirement that you complete alcohol treatment as a condition of custody. These arguments can be persuasive to a judge even before a criminal conviction has occurred.
This is where having an attorney who understands both systems becomes critical. Decisions made in criminal court, including whether to accept a plea, what conditions to agree to, and how the case is resolved, can directly affect arguments made in family court. Without coordination between the two proceedings, parents often make choices in one court that inadvertently harm them in the other.
As part of Seki Family Law in Roseville, Stevie Chapman works with clients navigating exactly this overlap. Her background at the Public Defender's Office gives her firsthand knowledge of how criminal proceedings work and how they interact with family court outcomes.
The Importance of Coordinated Strategy
What to Do If You Are Facing Both
If you have been charged with a DUI and have an active custody matter, the most important thing you can do is get legal guidance early. Do not wait for the criminal case to resolve before addressing the family law implications. The two proceedings move on their own timelines and decisions made early can have lasting consequences.
Seki Family Law serves clients in Placer County, Sacramento County, El Dorado County, and surrounding Northern California communities. To schedule a consultation, contact the firm directly.