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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> DWI
Sep 07
2005

Ask a Lawyer: I had a DWI last year in NY. Will that effect my custodial rights?

Posted by Dads Divorce in Rules , Procedures , NY , DWI , divorce. child custody , Ask A Lawyer

Question:

I had a DWI last year. Next month it will be reduced to a DWAI. It is my only offense and I have complied with all of my lawful obligations. i.e., therapy, community service, DDP. No children were in the car. I am thinking about divorce. I have never had any other trouble with the law; I have a good job etc., etc. Will this mistake have an effect on my custodial rights?

Answer:

Allow me to preface my answer with the fact that I am not licensed to practice or give legal advice regarding the laws of New York. Generally, any type of conduct like that is relevant to a custody fight. The court is generally going to look at the fitness of the parents, but it seems that you have made good efforts to fix this which will help as well. It may be a factor, but the longer in the past it is the less impact.