You probably will NOT lose custody of your kids if you are arrested in Maryland for DUI, or driving under the influence of alcohol, assuming that the current custody arrangement is based on a divorce case and a custody Order entered by a Maryland divorce court. The following disregards the possibility that the kids could “be taken away” by child protective services. That could happen depending on the severity of the facts. However, the discussion below will focus on whether another parent could use a DUI arrest as the basis for seeking a new custody arrangement from the local Maryland divorce court pursuant to a Petition to Modify Custody.

To begin, an arrest is not the same as a conviction. It is difficult to imagine a person losing custody of their kids for being arrested for DUI. Second, a first-offense DUI charge is treated as a misdemeanor crime in Maryland. That fact also suggests that custody will not be changed by a Maryland divorce court.

That being said, the impact of a DUI arrest on custody will absolutely depend on the specific facts of the arrest and criminal case. Here are a few examples where the specific facts might create a viable chance that custody might be impacted:

• Were the kids in the car when the parent was arrested? — if so, then custody could be easily changed, given the potential for a charge of child endangerment
• Is this a second or subsequent DUI arrest? — if yes, then there might be a pattern of addiction and/or criminal behavior that could justify a change in custody
• Was there an accident caused by the DUI, and did the accident cause any serious injuries or fatalities?

The above questions focus on the criminal aspects of the DUI arrest. A Maryland divorce court will evaluate those issues, but will ALSO evaluate custody-related issues. As a starting point, the other parent must be a viable candidate to take over custody if the court decides that the DUI arrest justifies a change in the current arrangements. The legal standard is the “best interests” of the child or children. If confronted by a request to modify custody based on the DUI arrest, the divorce court will have to evaluate all of the factual issues related to the best interests of the child. These include:

• Fitness parents
• Character and reputation
• Ability of parents to provide for their children — this includes the ability to provide shelter, clothing, schooling, emotional support, etc.
• Maintaining continuity for the kids with friends, schoolmates, extended family, etc.

Obviously, a DUI arrest will be an issue for the court to consider, along with several other factors. But when considering custody arrangements, it is not a “one-sided” evaluation. As noted above, the other parent must offer a better environment for the upbringing of the child or children in question. Depending on the facts of the case, it may be that it is still in the best interests of the child/children to maintain the current custody arrangements even after a DUI arrest and, maybe, even after a DUI conviction.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.