Will My Ex Lose Custody After Driving Drunk With the Kids in the Car?

child custody

Committing a DUI in New Jersey is one of the most common crimes, and yet is also one of the most universally despised offenses. People now associate driving drunk with high levels of immorality and a total lack of responsibility. But what happens if someone is caught driving drunk with their children in the car? At this point, the heinous nature of this offense reaches even higher levels. As you might expect, this reflects very poorly on their parenting abilities – and they might go to prison for their misconduct. But will this result in them losing custody? How do you ensure your children’s safety if your ex has engaged in this behavior? Let’s find out:


New Jersey Parent Arrested for Driving Twice Over the Legal Limit With Two Children in the Car


On February 6th of 2023, it was reported that a New Jersey individual had been charged with driving while intoxicated with a child in the vehicle and a normal DWI. He was twice over the legal limit when police found him parked on the shoulder of I-95. Although he was not driving his vehicle at the time, it is still a Class E felony to be intoxicated behind the wheel and with children in the vehicle. One of the children is 5 years old, while the other is just 1. This goes to show how common this situation is in New Jersey.


Will My Ex Lose Custody?


Your ex will not automatically lose custody if they are charged with a DWI while endangering a child. However, they may lose custody if they are sent to prison. As the next biological parent, you are the logical next choice to step in as the primary custodial guardian. However, it makes sense to fight for custody even before they go to prison, as further incidents of child endangerment may occur. To do this, you must get in touch with an experienced child custody attorney and file a petition for a modification of your custody agreement.


The court will likely agree that the children are no longer safe with your ex, and at this point, they may award you custody while stripping your ex of their previous responsibilities. A simple DWI might not be enough for them to lose custody, but a DWI with child endangerment should be enough to get their attention.


Where Can I Find a Qualified, Experienced Divorce Attorney in New Jersey?


If your ex is committing any kind of parental misconduct and you are afraid for your children’s safety, you need to get in touch with a qualified custody attorney in New Jersey as soon as possible. Choose Giro, LLP, Attorneys at Law, and strive for the best possible results. We will fight for your children’s best interests and help you regain sole custody of your children. Get in touch today and book a consultation to discuss your legal options.


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