Can I Get Full Custody if my Ex Got a DUI With My Child in the Car?

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Nothing is worse than knowing your child has been put in danger. If your ex received a DUI charge while driving with your child in the car, you may be wondering about your custody options. Read on to learn more.

What constitutes a DUI?

First, it is important to understand what constitutes a DUI. In New York, if you are over 21-years-old and you are pulled over with a blood alcohol concentration (BAC) of .08% or higher, you will likely receive a DUI charge. DUI charges are tiered, meaning the penalties will depend on your BAC and your prior offenses. If your spouse has received a DUI and this is his or her first offense, he or she may face the following consequences;

  • A revoked license for at least 6 months
  • Possible fines ranging from $500 to $1,000
  • Possible jail time up to 1 year
  • Potential enrollment in the New York Impaired Driver Program (IDP) and applicable costs

In addition to endangering your child, these consequences could make maintaining shared custody difficult.

What if my ex gets a DUI while my child is in the car?

If you can prove that your child’s other parent endangered your child, you may be able to obtain full custody. In order to provide this proof, it is important to work with an experienced family law attorney. Do not take matters into your own hands and break your custody agreement, as this could land you in legal trouble.

Why do parents lose custody?

In New York, courts believe that children benefit from having a relationship with both parents. As a result, it is not common for a parent to lose custody. That being said, it can happen. Some reasons a parent may lose custody in New York include:

  • Abuse
  • Substance abuse
  • Neglect
  • Refusal to co-parent
  • Failure to follow court orders

If a parent loses custody of his or her child, the parent will likely have supervised or unsupervised visitation, depending on the situation.

If your ex has received a DUI with your child in the car, it is important to reach out to an experienced attorney right away. Our firm understands that your child’s safety and well-being are your highest priorities and we are here to advocate for you. Reach out today to discuss your case.


Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

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I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

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After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

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I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

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The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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