In Colorado, there are certain types of crimes that could affect a child custody case. One of the most common is where there’s been a restraining order entered against the parent, or a parent has been charged with domestic abuse. Domestic abuse would include domestic violence. Another example would be where a parent has a drug problem or a drug addiction and the court has to intervene to make sure that the children are protected from a parent who has abused drugs, has abused alcohol, or any controlled substances.
In situations that I’ve had in the past, where parents have had an alcohol problem, and that parent may have been involved in a DUI or a DWAI, the court has to take into consideration not only the alcohol abuse by that parent, but whether or not the parent who has had a history of alcoholism can safely parent children. Can they drive the children to school? Can they pick the children up from the other parent? If there’s a medical emergency, will that parent be able to get in the car and take the children to the hospital if needed? When these situations occur, you can expect that the court is going to want to know that both parents are fit and capable of providing the children with a safe, loving, nurturing environment.
Contact Shayne Law if you have any questions.