Legal Question in Family Law in Virginia

single dad looking for answers

i have had custody of my two girls since may,2000. the mother has little to do with them and only sees them 2x a year.i feb.,i was charged with a first time dui .08. now the mother wants to have custody of the girls. will the dui hurt me? also the mom does not aknowledge the girls for birthdays or christmas and is $5,000.00 in arrears in support. thank you.


Asked on 5/26/04, 12:44 pm

1 Answer from Attorneys
Tommy Smith Law Offices of Tom C. Smith

Re: single dad looking for answers

The DUI should have little or no effect if it did not occur in the presence of the children.

It would appear that you are at the minimum level (.08) to raise a presumption of intoxication as far as Virginia Law is concerned. You should consult with an attorney immediately about the DUI.

It would be extremely difficult for the mother to use the DUI as a change in circumstances in order to re-visit the custody issue.

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Answered on 5/26/04, 1:46 pm


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