How a DUI Arrest Can Affect Child Custody in Tampa

DUI Arrest Child Custody Tampa Florida – Know Your Risks and What to Do

If you’re a parent who has been arrested for DUI in Florida, you may be worried about more than just your license or fines. A DUI arrest can raise serious questions about your ability to share custody or maintain your parenting plan. Even if you’re not in the middle of a divorce, a single arrest could trigger long-term consequences in family court.

At The Brancato Law Firm, P.A., we focus on DUI defense. While we do not handle family law, we regularly help clients navigate the crossover between criminal charges and child custody concerns. If needed, we will refer you to a trusted family law attorney who can help protect your parenting rights.

Why a DUI Arrest Can Affect Custody in Florida

In Florida, courts decide child custody based on what is in the best interests of the child. Judges look at several factors under Florida Statute § 61.13, including whether a parent can provide a safe and stable home.

A DUI arrest—especially one involving:

• A crash or injury,
• A high blood alcohol level,
• A child in the vehicle,
• Or a history of alcohol or drug issues,

…can raise red flags. It may lead to supervised visits, drug and alcohol testing, or a request to change custody arrangements.

Will a DUI Automatically Change Custody?

Not always. A first-time DUI without serious circumstances may not lead to custody changes. But if the DUI is part of a pattern or involved a child in the car, a judge may take action. Your co-parent may also file a petition to limit your time-sharing or change the parenting plan.

Even if nothing happens right away, the DUI arrest could be used against you later. That’s why early legal help is so important.

Criminal Court and Family Court Are Separate

A common mistake parents make is thinking that if the DUI case is dismissed or resolved, the problem is over. But Florida has a two-track system—criminal court and family court. Family judges can still consider the fact that you were arrested, even if you are never convicted.

That’s why you need a lawyer who understands how to protect your rights in both areas. At The Brancato Law Firm, P.A., we defend your DUI case with the big picture in mind. And when needed, we work closely with experienced family law attorneys to keep your parenting rights safe.

What to Do After a DUI Arrest If You Have Kids

Here are steps to take if you are a parent arrested for DUI:

1. Hire an experienced DUI defense attorney right away.
   The earlier we get involved, the better chance we have to reduce or dismiss the charges.
2. Avoid discussing the case with your co-parent or online.
   Social media posts or angry messages can be used against you.
3. Show that you are a responsible parent.
   Stay involved in your child’s school, appointments, and daily needs.
4. Get a substance abuse evaluation if needed.
   Voluntarily taking steps toward treatment can help in both criminal and family court.
5. Let us refer you to a trusted family law attorney.
   We work with some of the best custody attorneys in the Tampa Bay area.

Why Choose The Brancato Law Firm, P.A.

We don’t handle family law, but we do understand how DUI charges affect your entire life—including your role as a parent. Attorney Rocky Brancato has over 25 years of courtroom experience and has handled hundreds of complex criminal cases.

When you hire us, we will:

• Build a strong DUI defense tailored to your case,
• Keep the long-term picture in mind—including your family,
• Connect you with a qualified family law attorney if needed.

Call (813) 727-7159 today for a confidential consultation.

The Brancato Law Firm, P.A.
1600 E 8th Ave, Ste A200, Tampa, FL 33605
Serving Hillsborough, Pinellas, and Pasco counties