Does an OVI Affect Child Custody in Ohio?

 Posted on August 28, 2025 in Family Law

Being arrested for operating a vehicle under the influence (OVI) in Ohio can impact more than your criminal record and driving privileges. If you are divorced or going through a divorce, an OVI may also affect your child custody arrangement. Courts across Ohio make custody decisions based on the best interests of the child, and any criminal charges that suggest unsafe behavior can raise concerns about your ability to provide a stable environment.

At The Law Office of Whitney K.S. Miller, LLC, our Brunswick, OH child custody and divorce lawyer understands how stressful it can be to balance criminal charges with family law issues. We offer free consultations in most cases to help you understand your options and protect your parental rights.

How Do Ohio Courts Decide Child Custody?

According to Ohio law (Ohio Revised Code 3109.04), courts must consider the best interests of the child when allocating parental rights and responsibilities. Judges look at many factors, such as the child’s relationship with each parent, the child’s adjustment to home and school, and each parent’s ability to give the child what he or she needs.

A parent’s behavior, including any criminal history, can also influence the court’s decision. While one OVI charge may not automatically cost you custody, it can become an important factor if the court believes it puts the child’s safety at risk.

How an OVI May Impact Child Custody in Ohio

The effect of an OVI on custody depends on the circumstances, including whether it is a first offense or part of a pattern of behavior. Some of the ways an OVI may affect custody include:

• Judicial concerns about safety: If the court believes you might drive under the influence with your child in the car, this could reduce your parenting time.

• Pattern of substance abuse: Multiple OVI charges may signal an ongoing alcohol or drug problem, which can weigh heavily against you in a custody case.

• Impact on driving privileges: A license suspension could affect your ability to transport your child to school, activities, or appointments.

• Supervised visitation: In some cases, the court may order that your parenting time be supervised until you can show that your behavior has changed.

Can You Defend Against Custody Changes After an OVI?

An OVI arrest does not automatically mean you will lose custody, but you will need to take steps to show the court you are seriously committed to your child’s well-being. This may include going to alcohol education programs, attending counseling, or showing proof that you are following all court orders. Working with a family law attorney can help you present your case in the best possible light and protect your relationship with your child.

Contact a Brunswick, OH Child Custody and Divorce Attorney

One mistake should not affect your relationship with your child forever, but you need to act quickly and carefully. If you are facing an OVI and worried about how it might affect your custody rights, do not wait to seek legal advice. At The Law Office of Whitney K.S. Miller, LLC, our Medina County family lawyers represent parents in tough custody and divorce cases. We offer free consultations in most cases, so call us today at 330-725-4114 to schedule an appointment with an experienced Ohio custody lawyer who will fight for your rights as a parent.