How a DUI Impacts Custody Decisions
In South Carolina, custody and visitation decisions always center on one key question: What’s in the best interest of the child?
A single DUI charge doesn’t automatically make someone lose custody — but it can raise red flags about judgment, safety, or alcohol use, especially if the child was present at the time of the arrest.
Judges in Lexington County carefully examine whether a DUI reflects a pattern of behavior that could endanger the child.
Factors the Court Will Consider
When reviewing a DUI case in a custody dispute, South Carolina family courts may look at:
- Whether the child was in the car during the DUI incident.
- The severity of the charge (first offense vs. repeat).
- Evidence of substance abuse or treatment history.
- How the DUI affects your ability to transport or care for the child safely.
- Any other pending criminal matters or probation conditions.
If the DUI appears isolated and the parent has taken steps toward rehabilitation, the court may not impose long-term restrictions.
How a DUI Can Affect Visitation
Even if you retain custody, a DUI conviction may result in:
- Supervised visitation for a period of time.
- Requirements for sobriety testing or treatment programs.
- Restrictions on overnight or unsupervised visits.
These measures aim to protect the child while allowing continued parent involvement.
What to Do If You’re Facing a DUI During a Custody Case
If you’ve been charged with a DUI and have an active custody or visitation order, act quickly:
- Contact an attorney familiar with both criminal and family law.
- Follow all court and probation requirements — it shows responsibility.
- Consider counseling or treatment, even if not court-ordered.
- Avoid contact with alcohol or drugs while your case is pending.
Demonstrating accountability can help the court view your case more favorably.
Quick FAQs
Can I lose custody for one DUI?
Not automatically, but it depends on the details — especially if the child was involved or the offense is repeated.
Will a DUI affect my visitation schedule?
It can. Judges may require supervised visits or impose temporary limits.
Can I regain custody after a DUI conviction?
Yes. Once you complete requirements and demonstrate stability, custody can often be revisited.
If you’ve been charged with DUI and are worried about how it may affect your custody or visitation, call The Farley Law Firm today to schedule a confidential consultation. Lexington parents trust us to help protect their rights and their families.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your situation.