Legal Question in Family Law in California

I had a DUI in 2004 and I took care of all the ticket requirements..classes...back then. Now I am in doctoral program for PhD in Psychology. My bodyfriend is going through his divorce and has a 9 year old son. The wife is giving us a hard time. Would my DUI from 2004 have an impact on my boyfriends child custody case now?


Asked on 6/29/10, 12:31 pm

3 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

The central issue in every child custody case is finding what is best for the child. The court can consider virtually all facts that have any bearing on this issue.

Certainly, the child's mother will highlight your DUI conviction to cast you in a negative light. On the other hand, you can respond with a declaration, showing that you have no other convictions and you have pursued an advanced degree. The judge will consider everything.

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Answered on 6/29/10, 4:42 pm
Anthony Roach Law Office of Anthony A. Roach

It goes to weight, not to admissibility. There is no way to determine the weight a trial judge would give a prior DUI conviction on making custody determinations. That's like asking us to tell you the winning lottery numbers.

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Answered on 6/30/10, 6:19 pm
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Who needs your pedantry, Tony?

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Answered on 7/07/10, 3:56 pm


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