Drunk Driving and Child Custody Issues

Every parent is concerned with the welfare of their children. When couples separate or divorce, courts regularly permit some sort of shared custody arrangement where the children will spend periods of unsupervised time with each parent. But what do you do if you suspect or learn that your ex is driving while impaired – whether due to alcohol or drugs – with your children?

These situations can be any parent’s worst nightmare. According to the National Highway Traffic Safety Administration, about 25% of children killed in traffic crashes in 2023 were killed in “alcohol-impaired-driving” crashes. Half of those children were passengers in vehicles operated by an alcohol-impaired driver. If you believe your ex is driving while impaired by alcohol or drugs, the LLF Law Firm Family Law Team can help you take steps to protect your children from that kind of dangerous behavior. Contact us at 888.535.3686, or submit our online contact form, and we will schedule a confidential consultation so you can tell us about your concerns, and we can explain how we can help.

Family Courts in Pennsylvania Care About Children

One of the key issues that any Family Court judge in Pennsylvania will be concerned about when there are children involved in a separation or a divorce is the welfare of those children. Divorcing parents can make any number of agreements between themselves that relate to custody, visitation, support, and other aspects of the divorce – but if children are involved, the judge can refuse to approve those agreements if the judge believes those arrangements will harm the children.

This overriding concern for the “best interests of the child” is something that can be used to help make sure that your children don’t end up as passengers in the car with your ex if your ex has a tendency to drink and drive. It can be possible either to secure an order forbidding your ex to drive with your children at any time, or even to require visits between your ex and your children to be supervised.

That said, a claim that your ex drives while intoxicated with your children in the car may not always succeed. It helps enormously to have some kind of supporting evidence. The kinds of evidence that can be persuasive include:

• An arrest or conviction for DUI or drug-related offenses
• Testimony from an adult who can reliably state that your ex consumed a certain amount of alcohol or drugs within a certain period of time, and then drove their vehicle immediately afterwards
• Testimony from one or more of your children that your ex was driving with them after consuming alcohol or drugs

Obviously, the less your children can become involved in having to testify against one of their parents, the better. But when it comes to protecting their lives, sometimes it is necessary to put them in that difficult situation. When that happens, courts often will take steps to shelter children from having to testify in open court, for example, by allowing them to testify remotely via closed-circuit television.

The LLF Law Firm Family Law Team Can Help Protect Your Children

If you suspect or learn that your ex is driving under the influence of alcohol or drugs while your children are in the car with them, contact the LLF Law Firm’s Family Law Team for help. We know the steps to take to bring your concerns about drunk driving to the attention of a Family Court judge. We also know the kinds of proof that will support a request for an order that will work to ensure that your ex is not allowed to drive with your children in the car. We regularly help clients all across Pennsylvania with a wide range of custody and divorce matters, and are ready to help you when it comes to protecting your children.

Call the LLF Law Firm Family Law Team today – the sooner the better – if you suspect your ex is driving drunk or high with your children. We can be reached at 888.535.3686 or by filling out our online contact form. We will promptly schedule a call to learn more about your case and to explain the steps we can take to help.