👨👧 Can a DUI Conviction Affect My Child Custody and Visitation Rights in Florida?
If you’re facing a DUI charge in Fort Lauderdale or South Florida and you’re also involved in a custody or visitation case, your parenting rights could be at risk.
Judges in family court consider one thing above all else: the best interests of the child. And a recent DUI—especially involving alcohol abuse or poor judgment—can influence how they evaluate your fitness as a parent.
Recently Arrested For DUI in Fort Lauderdale or Anywhere in South Florida?
🚗 1. License Suspension Can Disrupt Parenting Plans
If you’re facing a DUI charge in Fort Lauderdale or South Florida and you’re also involved in a custody or visitation case, your parenting rights could be at risk.
One of the immediate effects of a DUI arrest is a driver’s license suspension. Without the ability to drive, you may struggle to:
- Pick up or drop off your child
- Comply with time-sharing schedules
- Fulfill court-ordered visitation requirements
If you’re unable to transport your child or show up consistently, your co-parent could ask the court to modify custody or reduce visitation time.
👩⚖️ 2. Impact on How Judges View You in Family Court
Judges in Broward County and South Florida take DUI charges seriously—especially if they raise concerns about substance abuse, judgment, or stability.
A DUI conviction may affect:
- The court’s perception of your parental responsibility
- Your co-parent’s leverage in requesting sole custody or supervision
- Your ability to maintain unsupervised time-sharing
If the court suspects alcohol or drug dependency, the judge may order:
- A substance abuse evaluation
- Random drug or alcohol testing
- Completion of treatment or counseling programs
🤝 3. Shared Custody May Become More Complicated
Florida law favors shared parental responsibility. However, a DUI arrest may give the other parent a legal basis to request:
- Temporary sole custody
- Supervised visitation
- Modifications to an existing parenting plan
These changes can happen quickly, especially if your co-parent files an emergency motion citing the DUI as a safety concern.
⚖️ Already in a Custody Battle? Act Quickly.
If you’re in the middle of a divorce or custody dispute, a DUI charge can negatively shift your case. But the right legal strategy can minimize the damage—or even prevent family court consequences entirely.
At Michael White, P.A., we help parents in Fort Lauderdale and South Florida:
- Fight DUI charges to reduce or dismiss criminal penalties
- Limit the family court fallout from a DUI arrest
- Protect parenting rights and existing time-sharing agreements
💬 Frequently Asked Questions: DUI and Child Custody in Florida
Q1: Will I automatically lose custody of my child after a DUI in Florida?
A: No. A DUI conviction doesn’t automatically result in loss of custody. However, it can impact your case if it affects your ability to parent safely or fulfill your time-sharing agreement.
Q2: Can my co-parent use my DUI against me in a custody battle?
A: Yes. A co-parent may cite your DUI to argue for limited time-sharing, supervised visitation, or even temporary sole custody—especially if substance abuse is alleged.
Q3: Can I still get shared custody after a DUI conviction?
A: Yes. Many parents maintain shared custody after a first-time DUI, especially if they complete treatment, follow court recommendations, and demonstrate safe parenting behavior.
Q4: How does a DUI license suspension affect my parenting plan?
A: Without a valid license, it may be harder to comply with court-ordered pickups and drop-offs. This can lead to missed visitation and potential modification of your parenting agreement.
Q5: Should I hire an attorney if I’m facing DUI and custody issues?
A: Absolutely. A lawyer experienced in both DUI defense and family law implications can help protect your rights in both court systems and minimize the impact on your parenting plan.
📞 Call Attorney Michael White at (954) 270-0769 or contact us online to schedule a confidential consultation today.
✅ Serving Broward, Miami-Dade, and Palm Beach counties
✅ Former prosecutor with deep experience in DUI and family court overlap
✅ Focused on protecting families, not just winning cases
