Can a Criminal Record Affect Child Custody? Here’s the Truth

Fighting over children is complicated and challenging at the best of times, and when there has been a criminal offense involved, it gets more complex than ever. Either parent’s prior or present criminal records can play a massive role in the decision over custody. Trial courts try to ascertain what’s better for the child, and criminal activities are viewed as a sign of danger, meaning a parent may be incapable of giving a secure environment to the child.

All cases are different, but some offenses may contribute more to the court’s consideration. First, one needs to learn how specific criminal offenses affect child custody and what legal measures can be taken to prevent/minimize the consequences.

Read below to learn whether criminal charges can impact your child custody case.

The Effects of Criminal Offenses on Child Custody

Type of Offense

The law does not apply that each criminal offense is equally vital in child custody determination. Crimes of violence, drug offenses, and any criminality that poses a risk to the child are considered the most serious. For instance, any conviction related to abuse, including violence on spouse or children, will, to a very great extent, reduce the ability of this parent to be granted or maintain custody of the child. Petty offenses, including car stealing or smuggling, alcohol and drug use, and traffic offenses, may not have a significant effect on clients’ assessment, but these can be considered, bearing in mind that they reveal a trend of irresponsible conduct.

Severity of the Crime

The second point shows a felony conviction is likely to have a worse impact on a custody case than a misdemeanor. Any violence-related felony, any drug-related felony, or any sexual misconduct-related felony will result in supervised visitation or even complete loss of visitation rights. Most misdemeanants may not lose their parental rights, but having a criminal record that impugns their fitness as parents could always be a worry if the crime occurred recently or was repeated.

Recency and Frequency

It also depends on how recently the crime was committed and whether it was done only once or whether it is habitual. It is also less severe if such an offense occurred several years ago when the parent should have changed their behavior. Several negative incidences revolving around the couple, especially if they occur successively, show that the family unit is not stable.

Rehabilitation Efforts

Potential offenders whose criminal records may cause them to lose their children could have their status enhanced if they have undergone therapy, attended anger management classes, or if they have a substance abuse problem. This means that as long the parent is willing to demonstrate to the court that he or she has changed for the better and is willing to maintain a balance, the court will likely allow him or her to have the child.

What to Do

1. Seek Legal Counsel: A criminal record restricts your access to children, and in cases where you have to go to court over child custody, hiring a family lawyer is very important. Legal representation guarantees that you will not be violated and that you will use proper legal tactics to fight your criminal record in a court of law.

2. Be Honest with the Court: Denying or minimizing a criminal history is self-defeating. One must always disclose the criminal record to the court, but explaining how a person changed and undertook the procedure of personal transformation should be much more comfortable.

3. Complete Rehabilitation Programs: If your criminal offense included substance use, acts of violence, or any other depraved behaviors or actions, doing a rehabilitation program that is recognized by the court within the court’s orientation will help you win the case on custody.

4. Gather Evidence of Positive Change: Recording some of the positive changes that you have been making in your life, such as getting a job, being involved in the care of the child, and having a clean record sheet, goes a long way in balancing the detriment of having a criminal record.

Final Thoughts

A crime tends to be destructive and an ill-advised decision in a parent’s endeavor if getting or maintaining custody of one’s child, mainly if the crime entails the use of violence, substances, or activities that pose significant risks to the welfare of a child. The best interests of a child include safety and a stable environment. Thus, for such a parent or custodian, there is a need to show that there has been a behavior change and has been a responsible member of society.