OVI, Divorce & Child Custody in Ohio
A family-law consequence discussed in how an OVI affects you.
An OVI does not stay in criminal court. It can follow you into domestic relations court, where it can be used against you in a custody dispute, make visitation harder, affect your ability to transport your children, and even complicate an adoption. If you are going through a divorce or custody matter, or expect to, an OVI charge is something to take seriously right away. Call (937) 318-1384 for a free consultation.
It often runs alongside a professional licensing problem.
How an OVI Affects a Custody Dispute
OVI divorce issues are common. If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, an OVI conviction can be used against you in domestic relations court. A conviction gives the other side an argument about your judgment and fitness, and it is exactly the kind of thing that gets raised when custody is contested.
Visitation and Transporting Your Children
The practical effects reach into your day-to-day parenting time. Automatic license suspensions may make it difficult to exercise visitation with your children, and you may also find a court that will refuse to let you transport the children due to an OVI conviction. Either one increases the cost or difficulty of seeing your kids.
Adoption
An OVI can also affect an adoption. If you are seeking an adoption, an OVI conviction may be used against you by an investigating agency charged with deciding whether you are approved.
MADD and Divorce Decrees
Mothers Against Drunk Driving (MADD) has long advocated putting a provision in every divorce decree calling for the immediate suspension of parental rights if the parent is found to be driving while intoxicated. Make sure that you review your divorce decree to see if any such language is included, and decide whether or not you will engage in negotiations to remove it.
The Hardest Part, and Why Counsel Matters
Many times the most difficult aspect of an OVI arrest is telling the people you love that you have been charged. The National Highway Traffic Safety Administration, MADD, The Century Council, and schools and colleges all spend millions of dollars on programs and commercials stigmatizing drunk driving, and OVI clients are often perceived as guilty without the presumption of innocence afforded to most defendants. That stigma causes stress and financial concerns in families that can turn minor fissures into major cracks. If you find yourself charged with an OVI, contact a competent defense attorney who can protect you from this many-tentacled beast, including the collateral consequences in family court.
Why Trust Charles M. Rowland II
Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges. He dedicates his practice to defending the accused impaired driver, has been an attorney since 1995, and has focused exclusively on OVI defense for years.
He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.
Frequently Asked Questions about OVI and child custody Ohio
Can an OVI affect child custody in Ohio?
Yes. An OVI conviction can be used against you in a custody dispute in domestic relations court, particularly where custody is contested or a spouse is looking for leverage.
Can an OVI affect visitation with my children?
It can. An automatic license suspension may make visitation more difficult, and some courts will refuse to let a parent with an OVI conviction transport the children, which increases the cost or difficulty of parenting time.
Can an OVI affect an adoption in Ohio?
Yes. If you are seeking an adoption, an OVI conviction may be used against you by the agency charged with deciding whether you are approved.
What is the MADD divorce-decree provision?
MADD has advocated including a provision in divorce decrees that calls for the immediate suspension of parental rights if a parent is found driving while intoxicated. Review your decree for such language and discuss it with your attorney.
Free Consultation
If you are facing an OVI and are worried about a divorce or custody matter in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.