How a DUI Conviction Can Affect Child Custody in Colorado

Child custody battles in Colorado are emotionally charged and legally complex. When one parent has a DUI (Driving Under the Influence) conviction, the stakes are even higher. Colorado family courts prioritize the child’s best interests, and a DUI can be seen as a red flag for parental fitness. Understanding how a DUI affects custody rights is crucial for any parent involved in a legal custody dispute.

Legal Framework: Best Interests of the Child Standard

Colorado courts base custody decisions on the “best interests of the child” as outlined in Colorado Revised Statutes § 14-10-124. This statute considers numerous factors including:

• The physical and emotional well-being of the child
• The ability of each parent to place the child’s needs ahead of their own
• The past pattern of involvement of each parent
• Any history of substance abuse or criminal activity

A DUI conviction directly impacts two of these: a parent’s ability to prioritize the child and their history of substance use.

How a DUI Can Influence Parental Responsibility

Colorado law uses the term “parental responsibility” instead of custody. A DUI can affect both types of responsibilities:

1. Decision-Making Responsibility

This refers to a parent’s legal right to make decisions about the child’s education, health care, and general welfare. A DUI may lead the court to question a parent’s judgment and capacity for safe decision-making.

2. Parenting Time

This determines when and how much time a child spends with each parent. A recent or multiple DUI convictions can result in reduced parenting time, supervised visits, or even temporary suspension of visitation rights.

First-Time vs. Repeat DUI Offenders

One DUI does not automatically strip a parent of custody rights. However, repeat offenses suggest a pattern of risky behavior. Under Colorado parenting plan guidelines, a court may impose restrictions like:

• Mandatory alcohol monitoring (e.g., SCRAM bracelet)
• Enrollment in substance abuse counseling
• Supervised parenting time through a third party

Aggravating Factors That May Harm Your Case

Several factors can intensify the court’s concerns when evaluating a DUI-related custody issue:

• The presence of the child during the DUI arrest
• High blood alcohol concentration (BAC)
• History of domestic violence
• Concurrent drug charges

Each of these may weigh heavily against the parent in a custody determination under CRS § 14-10-124(1.5)(a).

Demonstrating Parental Fitness, Temporary Orders and Modifications

The Colorado court system values rehabilitation and parental reform. Completing DUI education classes, maintaining sobriety, and complying with probation or court-ordered programs can support a claim for shared custody. The Colorado Department of Human Services – Behavioral Health Division offers resources for those seeking treatment.

If a DUI occurs after a custody arrangement is in place, the other parent may petition for a modification based on “substantial change in circumstances.” According to CRS § 14-10-129, the court may issue a temporary or permanent change in parenting time or decision-making responsibilities.

Take Action Early

A DUI doesn’t automatically disqualify a parent from custody in Colorado, but it does raise serious concerns about a parent’s ability to provide a safe and stable environment. By understanding how the courts evaluate DUI cases and taking proactive steps toward rehabilitation, parents can still demonstrate their commitment and capability to parent effectively. If you are a divorced or separated parent with a DUI that could impact your child custody, Boal Law can help.