Are you a single or divorced parent who was recently arrested for DUI? If you're already locked in a heated child custody battle, or if you know that your ex is just waiting for the first opportunity to show the courts that you're "unfit," then you may be worried about how a DUI conviction might affect your child custody arrangement.

Let's say that you have physical custody of your children, and the other parent has visitation. Even if your child was not in your vehicle on the night of your arrest, you still may be worried that a family law judge could decide that your DUI warrants a child custody modification.

Will you lose custody of your kids?

It depends on the factors surrounding your case and your history. Family court judges have broad discretion when it comes to child custody orders.

In a DUI case, the judge will want to know:

• Is this your first offense?
• Was your child in the vehicle?
• Did you have a high BAC?
• Was anybody hurt?
• Was it an isolated incident?
• Do you have a history of substance abuse (drugs or alcohol)?

If this isn't your first DUI offense, this can be a major factor in your child custody proceedings since family law judges view drunk driving as reckless behavior that places children in danger.

While an old conviction won't have as much of an impact on a child custody case, a recent conviction shows poor judgement on your behalf. Further, judges don't like it when children have to bounce from house to house while their parents are in jail for a DUI.

If your ex can show the court that they can provide a safe home for your child, you ex-spouse is more likely to gain full custody. If the custody case is very close, a DUI conviction may tip the scales in your ex's favor.