Legal Question in Family Law in California

Can a mother with a DUI arrest not conviction, loose custody fight for children,

My best friend left her husband and their fifteen year mentaly obusive relationship.My friend was trying to leave about a month ago, packed her things and was heading to her new home. Before she left, she had a margaria after eating nothing thus far that day. She left alone, in her car and at 5:00pm hit a block wall before even getting out of her subdivision and was accused with a D.U.I.. Now after being forced back with threats of taking children from her in court, going through monthes of marriage counceling, has once again desided to leave her traumatic fifteen year old merriage. My question is, can her husband gain custody over their 14 and ten year old children due to her recent, DUI arrest, when their children were not in vehicle nor were they indangered by this incident. She does have a previous DUI from two years earlyer, however does believe that she will not get charged with her recent arrest. Her husband is using the children to try and keep her from leaving. She is does not want to (will not)leave children with him but is scarred by the thought of having go back to stay in a marriage as wrong as theirs, especialy now that her husband has this new found leverage over her.


Asked on 6/07/04, 6:41 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can a mother with a DUI arrest not conviction, loose custody fight for child

She should contact a woman's shelter and ask for help they can provide guidance and shelter for her until she can get on her feet. In regard to the dui the circumstances leading upto the dui will be considered. Further if the relationship have been physically abusive that can be used to increase her probability of keeping the children.

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Answered on 6/09/04, 12:54 am


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