DUI Effects on Child Custody Proceedings


A DUI conviction can affect a person’s ability to get custody of their children in a contested custody proceeding. 25 A.R.S. § 403.04 provides a rebuttal presumption against sole or joint custody being awarded to a parent who has been convicted of a DUI within 12 months prior to the filing of a petition for custody. To overcome that presumption the person must, at minimum, show that they have successfully completed Alcohol and/or Drug Counseling and may also have to submit to random drug testing for 6 months.

To see the statute, 25 A.R.S. § 403.04, go to: www.AZLeg.State.az.us

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