DUI, Child Custody, and Holidays in Florida: How One Mistake Can Change Your Parenting Time
Divorce and custody disputes are hard enough. When a DUI charge appears in the middle of your case, it can feel like everything is at risk, including your time with your children and your holiday traditions.
In Florida, a DUI is serious, but it is only one factor a judge considers when deciding parental responsibility and time-sharing. Courts look at safety, stability, and the best interests of your child.
For parents in Florida, including those here in West Palm Beach and throughout Palm Beach County, understanding how judges think about DUIs can help you stay grounded, protect your children, and tell your story in a clear, steady way.
Key Takeaways
- A DUI in Florida does not automatically end your custody or time sharing, but it will draw close attention to your choices and follow-through.
- Judges focus on child safety, patterns of behavior, and how you respond after the arrest, especially around holidays and school breaks.
- Financial strain, license issues, and missed exchanges can hurt your case more than the DUI itself if they disrupt your child’s routine.
- Taking responsibility, following court orders, and documenting treatment, transportation, and parenting efforts can help protect your time with your child..
How Can a DUI Affect Child Custody and Time-Sharing in Florida?
Florida courts decide custody and time-sharing based on one standard: the best interests of the child. Judges look at each parent’s ability to provide a safe, stable, and sober home, not at who has made a single mistake.
A DUI does not automatically end your parenting rights. Instead, the court looks closely at details such as:
- How recent the DUI was
- Whether a child was in the vehicle
- Whether there is a history of alcohol or drug issues
An older, isolated DUI with no child in the car is not treated the same as a recent crash with a child passenger. Judges want to know whether your DUI was a one-time lapse in judgment or part of a pattern that could put a child at risk, especially during high-stress periods like holidays and school breaks.
If a child was in the car, you may face separate neglect or endangerment allegations and possibly an investigation by the Department of Children and Families. Even when a child was not present, the court may look closely at whether there is an ongoing substance abuse problem and whether you have taken steps to address it through treatment or counseling.
What you do after the arrest matters. Taking responsibility, following court orders, and making real, documented changes in your behavior often carries as much weight as the DUI itself.
How Does a DUI Affect Your Finances and Stability?
A DUI in Florida is not only a criminal issue; it is a financial one. Fines, court costs, higher insurance, treatment programs, and monitoring devices can add up quickly and strain any budget.
If you spend time in jail, or your license is suspended, and you rely on driving for work, your income may drop just as you are trying to manage life after separation or divorce. At the same time, you may be handling:
- Child support or temporary support
- Rent or a mortgage on a new home
- Extra holiday costs such as travel, gifts, and activities
Judges know that financial strain affects children. They pay attention to whether a parent can keep stable housing, pay basic bills, and stay current on support. A short-term setback followed by steady employment and a realistic budget is very different from a pattern of missed work, unpaid obligations, and frequent moves.
You can help your case by building a simple budget, making support and essentials a priority, and keeping records showing that your child’s needs are covered, even if some extras have to wait during a tight holiday season.
What If Your License Is Suspended After a DUI?
A DUI can affect your ability to drive. If your license is suspended and you cannot legally drive, it becomes harder to get your child to school on time, attend medical or counseling appointments, or handle after-school activities and holiday exchanges.
Judges usually care less about the suspension itself and more about how you respond to it. If you arrange safe transportation, stay on time, and keep your job and housing stable, the impact can be reduced. If you miss visits, ignore exchange times, or lose work because you cannot get where you need to be, the court may see that as a risk to your child’s stability and time-sharing schedule.
Planning ahead for transportation, especially around busy holiday schedules, helps show the court that your child remains your priority.
What Can You Do Right Now To Protect Your Parenting Time?
A DUI does not erase your history as a loving parent, but it does put a spotlight on your choices going forward. The more consistent you are, the easier it is for a judge to feel confident that your child is safe with you, including during holidays and school breaks.
Practical steps to consider include:
- Work with a family law attorney so your DUI and custody strategies support each other.
- Address any alcohol concerns through treatment or support, and save proof of your progress.
- Follow your parenting plan, including holidays, and shield your child from adult conflict about the case.
- Use safe transportation, especially for events where alcohol is served.
- Keep simple records showing stable work, housing, school involvement, and clean test results.
You cannot change the past, but you can show the court who you are now: a parent focused on safety, stability, and your child’s long-term well-being.
FAQs: DUI, Child Custody, and Holidays in Florida
1. Will I automatically lose custody after a DUI in Florida?
No. A DUI alone does not end custody or time sharing. The court looks at when the DUI happened, whether a child was in the car, your history with alcohol or drugs, and what you have done since then to protect your child.
2. Does an old DUI still matter in a custody case?
An older DUI usually matters less than a recent one, especially if there have been no problems since. Your co-parent can still raise it, so be ready to explain what happened, how your life has changed, and how you now keep your child safe.
3. Can my co-parent ask for supervised time sharing because of my DUI?
Yes. Your co-parent can request supervised time, but the court will look for real evidence of risk, not just accusations. Judges pay close attention to your current behavior, compliance with court orders, and efforts to stay sober and consistent.
4. Can a judge change my holiday schedule because of a DUI?
Possibly. If the court believes your DUI shows a safety risk during high-stress periods or travel, it can adjust holiday time sharing, add conditions, or require supervision. Showing that you have safe transportation, support, and a clear plan for holidays can help reduce that risk.
Talk With a West Palm Beach Family Law Attorney
If you are facing a DUI and a child custody or time-sharing issue in Palm Beach County, it is normal to feel overwhelmed, especially when you are trying to preserve holiday traditions and special time with your children. You do not have to handle these issues alone.
For more than three decades, I have helped parents in and around West Palm Beach work through difficult facts while keeping the focus on their children.
To talk through your situation and your options, contact The Law Office of Eric C. Cheshire, P.A. in West Palm Beach at (561) 677-8090, or reach out through our website to request a confidential consultation focused on helping you protect what matters most.