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More Than 20 Years Of Experience With Criminal Matters

Can you lose your children after OWI charges in Indiana?

On Behalf of | May 23, 2024 | Criminal

In Indiana, the best interests of the child guide custody decisions. Courts consider factors such as any history of substance abuse or criminal behavior.

OWI charges can have serious effects on child custody. Parents facing such charges may worry about the potential loss of custody or visitation rights.

Impact on custody and visitation rights

OWI charges can significantly influence custody and visitation arrangements. Factors such as the severity of the offense, any prior traffic violations or OWI convictions, and evidence of rehabilitation efforts may influence the court’s decision.

Child welfare investigations

After OWI charges, child welfare agencies may conduct investigations to assess the safety and welfare of the children. These investigations aim to determine whether the children are at risk of harm and whether any intervention is necessary. Depending on the findings, Child Protective Services may recommend custody changes or safety plans.

Indirect effects

OWI issues can indirectly affect a parent’s ability to maintain custody or visitation rights. For example, OWI convictions often result in the suspension or revocation of the driver’s license. This can hinder a parent’s ability to transport their children to school, medical appointments and extracurricular activities.

OWI convictions can lead to job loss, particularly if the parent’s job involves driving or if the employer has strict policies about criminal behavior. Unemployment or reduced income can impact a parent’s ability to provide a stable living environment for their children.

Rehabilitation and mitigation

Mitigating factors and rehabilitation efforts can positively influence the outcome of custody proceedings. Treatment for substance abuse, counseling or therapy, and a stable living environment can show a commitment to addressing underlying issues and prioritizing the welfare of the children.

OWI charges in Indiana can have far-reaching implications for parental rights, potentially affecting custody and visitation arrangements. By being as proactive as possible, parents can strive to mitigate the impact of OWI charges on their relationships with their children.