If you have or wish to seek custody of a child through the courts, and if you or someone in your household has ever been convicted of a DUI (that includes guilty pleas), then the DUI conviction could affect your custody rights to your son or daughter. Under a new custody law, in all cases initially filed with the courts on or after January 22, 2011, where a party or household member has been convicted of a DUI, the court will require an evaluation to determine whether that party or the household member of that party poses a threat to the child in question, and whether counseling is necessary. This law does not apply to already existing custody cases originally filed before January 22, 2011. For instance, if your custody case was originally filed before that date, but you now wish to file for a modification to the existing order, the new law does not apply. It should also be noted that under the new law there are other crimes, other than DUI, a conviction for which will likewise trigger the need for a safety evaluation before the courts will grant custody rights. DUI, however, is probably the one crime under the new law that most folks are not aware could affect their custody rights.
If you are not sure if or how this new law affects you, schedule a consultation with one of our family law attorneys to find out more. There may be steps you can take before involving the courts to minimize any negative impact this law may have on your custody rights. Our family law lawyers have combined experience in handling 1000's of custody cases throughout Pennsylvania. Let us help your family too.
