Will My Criminal Record Affect My Child Custody Case?

A criminal record can affect your child custody case. However, it may depend on your type of crime, how long ago it happened, and other factors. Child custody is primarily concerned with the child’s safety.

The court makes child custody decisions based on the child’s best interests. If your criminal record indicates the child would not be in a safe environment, the court may limit custody. The court may also worry about who you are associating with and their potential for abuse or harm.

If you have questions about your parental rights or criminal record, talk to an experienced family law attorney for legal advice.

What Kinds of Crimes Will the Family Court Consider?

Criminal history in a child custody dispute depends on the nature of the crime, when it happened, and the circumstances. The court generally takes certain offenses more seriously, including:

• Repeat offenses
• Felony offenses
• Recent criminal convictions
• Violent crime
• Domestic violence
• Child abuse
• Substance abuse

For example, the court would be much more worried about your criminal history for recent charges of domestic violence and a DUI with a child passenger. A charge for shoplifting or possession of marijuana 15 years ago would generally not be as serious of an issue for the court. The court is more concerned about the best interests of the child.

When Will a Criminal Record Affect Child Custody Decisions?

When deciding child custody, the court makes decisions based on the child’s well-being. This includes looking at past evidence that the child could be in a dangerous environment. The court will be aware of certain kinds of crimes, including physical abuse towards family members, child neglect, or sexual abuse.

For other types of crimes, a criminal record usually comes up because an ex makes it a point in a child custody dispute. The family court may not pull your background check in a child custody case. However, if one of the parents has a criminal record, the other parent may bring it up as a way to get custody or limit visitation.

Can the Court Consider My New Partner’s Criminal Record?

Yes. The family court worries about the health and safety of a child. The court’s decision could consider the criminal past of anyone else in the same household. If your new partner has past criminal charges for domestic violence or sexual abuse, the court can consider what it would be like to put the child into that kind of environment.

How Can I Help My Custody Case if I Have a Criminal History?

When you present your case to the family court, you should do all you can to show the court you can provide a safe environment for your child. If you have a criminal record, be prepared to discuss it with the judge. In general, it is better to take responsibility and show remorse.

You can also take action to address any issue in your life, like mental health counseling or anger management. For example, going through a substance abuse program can show the court you are taking things seriously. You can show you are aware of a potential drug or alcohol problem and are seeking treatment to better provide for your children.

Can a Child Custody Attorney Help if I Have a Criminal Record?

A criminal record is not an automatic limit for your child custody rights. The court will consider several factors for a child custody case, including:

• Parental cooperation
• Relationship between each parent and child
• Past criminal activity in the home
• Child’s wishes
• Mental and physical health
• Stability in the child’s life
• Needs of the child
• History of violence or abuse
• Any other relevant factors

A single misdemeanor offense in the past does not mean you’ll lose legal custody. However, in a bitter custody battle, everything can be an issue.

A child custody lawyer can help you prepare for your child custody case. Your attorney can tell you what to expect and help you build a solid case to get custody of your child. Your lawyer is an advocate for you and your interests.

Child custody laws are different in every state. For more information about how a criminal record can affect your child custody case, talk to a local child custody lawyer.