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My Ex Received a DUI in New Jersey- Can I Get Full Custody?

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If your child’s other parent got a DUI while driving with your child in the car, you may feel like he or she is unfit to parent. In many cases, a New Jersey judge would agree with you. Read on to learn more about how a DUI charge can impact your custody arrangement.

DUI Penalties in New Jersey:

Generally, the penalties of a DUI charge will impact your custody agreement regardless. In New Jersey, a first-offense DUI with a blood alcohol concentration (BAC) of .08-.09%, will typically result in the following:

  • Up to 30 days of incarceration
  • License suspension for 3 months
  • A $1000 surcharge per year for 3 years
  • A $250-$400 fine
  • 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
  • A $100 Alcohol Education and Rehabilitation Fund fee
  • A $100 Drunk Driving Fund fee
  • A $75 Neighborhood Services Fund fee

This can have a major impact on your custody arrangement. For example, if your child’s other parent loses his or her license for a period of time, it may be impossible for him to drive your child to and from school, resulting in a temporary change to your arrangement.

Can I Obtain Full Custody?

A DUI is a serious offense regardless. But, driving while under the influence with a child in the car can be considered child endangerment, which carries its own set of penalties. If you can prove to the court that your child’s other parent is unfit, you may be able to obtain full custody. In order to do this, it is important to work with an experienced family law attorney.

Is the loss of custody permanent?

It is important to understand that if your child’s other parent loses custody, it may not be permanent. If he or she addresses the reason he lost custody and proves to the court he is fit to parent, he may be awarded custody again in the future. For example, attending a program and proving sobriety to the court could result in custody being reinstated. Additionally, if your ex loses custody, he or she will likely have visitation rights. These visits will be supervised or unsupervised, depending on the situation.

Our firm understands that your child’s safety is of the utmost importance. We will fight to keep you and your children safe. Reach out today to discuss your case with an experienced and dedicated family law attorney.

Contact Our Experienced New Jersey Firm

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

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– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –