Can I Lose Custody of My Child for a DWI in Texas?

If you are a parent, the well-being of your child should be your top concern. Though every parent makes mistakes from time to time, some mistakes can have far worse repercussions than others. One of the more serious mistakes a parent can make is driving while under the influence of alcohol, whether with their child in the car or not. A Divorced parent who gets a DWI should understand that their right to child custody may very well be at stake. Please continue reading and reach out to our experienced Montgomery County child custody lawyer to learn more.

Will a DWI conviction affect child custody in Texas?

When courts decide on a parenting time plan and custody agreement, they will consider several factors, but the most important factor is a child’s best interests. When a parent gets a DWI, even if a child isn’t in the car, it will most likely call his or her parental fitness into question, as driving while intoxicated is, obviously, a poor and reckless judgment call. Though simply getting a DWI doesn’t automatically warrant a change in a child custody agreement, there’s a strong chance it will.

What happens when a parent gets a DWI with a child in the car?

For obvious reasons, courts are typically harsher on parents who are caught driving while under the influence with their child in the car. If a parent gets a DWI with a minor under the age of 15 in the vehicle, they will most likely face child endangerment charges in addition to DWI charges. In many cases, courts will impose supervised parenting time, sobriety testing or monitoring, or even removal of custody.

Driving while under the influence with a child in the car is the exact opposite of acting in a child’s best interests, and in many cases, a parent doing so warrants a modification to a custody agreement.

If you have any additional questions about how a DWI can affect child custody in Texas, click here for the state’s child custody statute or simply pick up the phone and give our Montgomery County family law attorney a call today.

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If you are looking for an expert Montgomery County divorce lawyer, Bolton Law is the right law firm for you. Bolton Law’s legal team handles all family law matters, including divorce, child custody, child support, spousal maintenance, and much more. Contact Bolton Law today to schedule your initial consultation.

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