Rapid City Legal Issues Blog

Are you heading for a divorce with concerns about child custody? If you are facing the possibility of a drug conviction or have a past such conviction, you probably fear that it will impact your ability to be an active parent. Will you lose all your parental rights? Or will you get visitation instead of joint custody?

These questions can be stressful and overwhelming. Here is some information on how drug crimes may affect the outcome of your custody case. 

Like most young people, you like to spend a lot of time online. Whether you catch up with your friends on social media or you are into gaming, there is nothing wrong with unwinding from the stress of your day by getting on the internet. However, it is important for you and other South Dakota residents to understand the potentially harmful and serious consequences of taking an online joke too far.

It is understandable that sometimes you might get into arguments online. Someone might say something you disagree with in a discussion room, or one of your gaming friends could mess up and cause your team to lose. There are some who take an online disagreement to extremes by making threats, harassing others or engaging in a prank that can cause actual harm.

The holidays are here, and for many residents of South Dakota and elsewhere, this means celebrations that involve alcohol. Law enforcement is also aware of this, and they will be especially vigilant in the next few weeks to catch those who are too intoxicated to safely drive. If an officer pulls you over, he or she might ask you to take a field sobriety test. What you might not know is that even if you are completely sober, you might fail the test and receive a DUI charge.

How can you fail a field sobriety test despite not having anything to drink? First, you need to understand that the results of field sobriety tests depend on a police officer’s individual judgment. An officer will pay attention to your coordination and behavior, as well as your speech, facial expressions and eye movements. The following points illustrate a few ways you might not pass a field sobriety test:

• You might naturally have poor balance and coordination.
• You could be nervous or tired and have difficulty understanding or performing instructions.
• Allergies, medication and fatigue might contribute to your eyes looking red and puffy, which an officer could misinterpret as signs of intoxication.
• You could have an injury, illness or impairment that affects your speech or mobility, making you appear as if you had too much to drink.

Yes, being charged with a DUI can negatively affect your chances of getting child custody, whether it is full custody or joint custody. The extent to which it influences custody depends on factors such as any other charges or convictions you have faced, your relationship with the co-parent, the circumstances surrounding the charge and the strength of the evidence against you.

The "good" news is that a DUI charge normally does not affect legal custody, which lets you make decisions about your children's medical care, religious education and cultural education, among other things. It is physical custody, the issue of where the children live, that you are more likely to lose out on. The ways in which a DUI charge affect physical custody can be indirect and far-reaching, too.