Can I Obtain Full Custody if my Ex Gets a DUI With my Child in the Car?

Few things are worse than knowing someone who is meant to protect your child has put him or her in danger. If your ex was caught driving under the influence of drugs and/or alcohol with your child in the car, you may be wondering about your custody options. Read on to learn more.

What are the different types of custody?

It is important to understand the three main forms of custody in Massachusetts.

  • Physical custody: This is awarded to the parent with whom the child spends more nights of the week. This parent is also responsible for the child and will provide a home, stability, food, clothes, etc. In some cases, custody will be shared equally by both parents or guardians. Physical custody can be split up into sole, joint, or shared.
  • Legal custody: When a parent has legal custody, he or she has the right to make important decisions on behalf of the child’s life. These can involve academic, social, medical, religious, etc. decisions.
  • Sole custody: When a parent is deemed unfit by the court, the other parent will typically receive sole custody.

If your ex has endangered your child, you may wish to fight for sole custody.

Why do parents lose custody?

It is not often that parents lose custody. This is because, for the most part, courts believe that a child benefits from having some form of a relationship with both parents. That being said, a parent may lose custody if there is evidence of the following:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Can I obtain full custody if my ex gets a DUI With my child in the car?

If your ex received a DUI with your child in the car, you may be able to prove to the court that he or she endangered your child and is unfit to parent. In this case, you will likely be able to obtain full custody. However, it is important to work with an experienced family law attorney.

If you have any questions or concerns about child custody in Massachusetts, our firm is here to help. Reach out today to discuss your case with a skilled and dedicated attorney.

Contact our experienced Bristol County firm

For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.