Anonymous
Anonymous asked in Family & RelationshipsMarriage & Divorce · 1 decade ago

If I had a DWI before I got married, will it effect rather or not I get custody of my daughter in my divorce?

I am in the military and deployed. My wife told me she wanted a divorce a few weeks ago. While deployed I can't do anything about it but I would like to know if the mistakes I made before marriage and my child was born will effect the outcome of child custody.

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  • Dawn C
    Lv 5
    1 decade ago
    Favorite Answer

    how long ago? from the sounds of it, you've paid ur debt to society, good luck

  • Anonymous
    1 decade ago

    No it should not at all. This happened before your wife conceived? You can not be responsible for your past when your life today is different. Just be sure that you use a child seat always and CORRECTLY and you should be fine. If you are a fit parent then you are a fit parent. Might I suggest you get a good lawyer as the courts always seem to try to keep the mother and child together. The burden of proof is on you and your lawyer to prove she is unfit. Unless you plan on sharing custody. (which I personally feel is the best for the child). The court is looking at what is in the best interest of the child. Will you continue to travel frequently if still in the service? All these things today will come into play but have no worries about the DWI you had and it should have NO play in your current custody situation.

    Source(s): Been to family court for years and heard too many stories and its always and always should be about the best interest of the child.
  • Anonymous
    1 decade ago

    It depends on how long ago it was. I suppose if she got a nasty lawyer who wanted to bring up ancient history, the judge MIGHT consider it, doubtful, but maybe, but he's also gonna consider the fact that you are serving your nation and that is soething noble. (thanks for all of your sacrifices) anyway, being in the military could also harm your chances of full custody, i.e...you're not stable, constantly moving around, deploying alot, etc. You just need to get a good lawyer and do what you can about it. Good luck to you and sorry you are going through this right now.

  • 1 decade ago

    If your ex brings it up to his/her lawyer, then yes, it could very well have an effect on custody issues. The courts rule whats best in the interest of the children. And a DWI is very serious relative to custody issues, regardless of how long ago it happened.

    And thank you for your service and sacrifice. We are very proud of the job you guys are doing and I say that with the utmost respect and admiration. Blessings to you and your family!

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  • 1 decade ago

    It varies from state to state, b/c I am mother who lost custody of her two daugters to a man with a DUI and he had tried to choke me, all b/c I moved before we even filled for a divorce and it was not in our separation papers that I could not move - so it is whoever has MONEY - The Law SUCKS in some states. Get a GREAT Lawyer if you can afford one. Good Luck and God Bless.

    Source(s): Personal Experience
  • 1 decade ago

    No, it wont because it happened BEFORE the marriage, and she had knowledge of it I am sure. For her to bring it up in court will not give her brownie points with the judge.

    While your deployed, there will be no divorce.

    Simply because you cannot be there in person.

    And you will want to do so.

    Good luck, and kick some azz!!

  • 1 decade ago

    It depends on how long it has been. My brother had 3 DUI's and was still hired at Department of Public Safety (police) and they didn't hold his DUI's against him because they were 10 years old. Don't forget that you have military service, (which thank you BTW for fighting for my freedom and protecting my kids!!!) and as long as you have not had any further issues, it shouldn't affect the custody issues. Good Luck and thank you again!!! God Bless!

  • 1 decade ago

    UNLESS U CAN PROFF HER UNFIT THEN U WANT GET CUSTODY U MAY B ABLE TO GET JOINT CUSTODY OR VISITATION UNLESS SHE CAN PROFF U R STILL A DRINKER AND COULD PUT THE CHILD IN DANGER SO SORY FOR WHAT U ARE GOING THREW SHE COULD HAVE WAITEDTIL U GOT BACK THAT WAS JUST MEAN TO DROP THIS ON YOU WHEN U CANT DO ANYTHING GET U A LAWYER FAST AND THE DWI SHOULDN'T HAVE MUCH WIEGHT IF YOUR NOT STILL A HEVY DRINKER

  • 1 decade ago

    it could depending on how long ago it was....that DWI is leverage for your ex to use......get a good lawyer and get everything and anything you can possible use against your ex if you want custody.....especially any alcohol treatment programs for the DWI...

  • 1 decade ago

    Dude, you have a penis. In the US, that means you are screwed in a divorce.

    Common sense would say that a DWI prior to the kid would be meaningless. Divorce courts show very little common sense.

  • wizjp
    Lv 7
    1 decade ago

    Probably brought out; but shouldn't be a factor as a single incident vs a repeating pattern.

    Good luck

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