Can A DUI Affect The Custody Agreement?

drunk drivingQuestion:

My divorce was finalized about two years ago and my two kids live with their mother. I recently found out my ex pleaded guilty to a DUI.

Could this affect the custody agreement?


While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.

Where I do practice in Minnesota, generally a DUI is not going to have too much effect on the custody agreement.

Minnesota Divorce Attorney Justin Alderman
Minnesota Divorce Attorney Justin Alderman

However, there are situations where an individual may be ordered to do some jail time, or even attend inpatient treatment. If this happens to the case, then this certainly could affect custody, as it could change who is with the children and who is at their home with them, if anyone.

If you needed to change custody or parenting time, Minnesota has a two-year waiting period to change an order, unless extreme situations arise, such as the children being in danger or harmful circumstances, or if there has been an agreement for the children to be with the other parent.

Due to the extremely fact-specific nature of this situation, I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how your state’s laws can help you with this serious situation. This type of attorney should be helpful in providing you specific assistance for your matter, specifically post-dissolution issues.

Remember, I am unable to provide you with anything more than family law tips, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell divorce attorney, including Minnesota divorce lawyer Justin Alderman, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on,, and, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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