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.
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.