Hansen Law Offices, PLLC
Serving Portsmouth, Kennebunk and Surrounding Areas Licensed In NH, MA & ME

Could your DUI keep you from seeing your children?

When it comes to child visitation rights, each state carries its own complexities. Mix in a serious charge, like multiple DUIs from a noncustodial parent and the complexities become even trickier. If you find yourself in a situation where you could potentially lose child visitation rights due to a terrible mistake you've made, this is what you need to know. 

If your former partner is making moves to take away your child visitation rights because of multiple DUIs, they will have to go to pretty great lengths to do so. With a court system that values the presence of both parents in a child's life your former partner will have to supply sufficient evidence to prove that you are a danger or a threat to the well-being and safety of your child. 

In the situation of multiple DUIs, though a serious offense, it does not necessarily apply as "damaging revelations." According to Chapter 170:C of New Hampshire's statutes about the termination of parental rights, one or more of these must occur for you to lose your rights as the noncustodial parent:

  • The parent caused severe harm to the child, whether physical, sexual, mental, or emotional abuse
  • The parent suffers from a mental illness that inhibits their ability to properly care for the child
  • The parent's treatment of the child has continued over a long period of time, with the parent demonstrating disregard to the child's mental and physical well-being
  • The parent has continually neglected to provide the child with the necessary education or medical care for health problems
  • The parent has abandoned the child, leaving them with another party or alone without communication or support

The allegations listed above must have proof from at least two of these professionals:

  • A social worker with a masters degree in social work and who is a member of the Academy of Certified Social Workers
  • A licensed physician
  • A licensed psychiatrist
  • A licensed psychologist

Though none of the following offenses listed above are directly linked to a DUI, the circumstances that surround the event of your DUIs will play an important role when the judge is determining the denial of visitation rights. Your judge may be less sympathetic if property damage was involved or if other charges were made against you at the time of your intoxication. If you had any felony charges associated with your DUI, it could result in the immediate revocation of your rights to visit your child. The ruling may even be more difinitive if your child was in the vehicle with you during your DUI arrests.

If you are a New Hampshire resident and are currently in the middle of a child custody battle over a mistake you've made, know that there are trained attorneys with the knowledge and desire to help you with your unique case.

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