The Impact of Criminal Convictions on Parental Rights

It’s not a given that a criminal conviction will cause you to lose your parental rights. It comes down to what’s in your kid’s best interest. But what happens to your parental rights after a conviction can vary by state. You should contact an experienced family law attorney near you. They can give you legal advice about your situation.

Will I Lose My Parental Rights if I’m Convicted?

It depends. A judge considers the best interest of the child when making visitation and child custody decisions. Generally, your child should have both parents in their life. However, your criminal record can lead a judge to take away your parental rights. The primary thing a judge looks at if you’re convicted is the nature of the crime.

What Criminal Charges Can Affect My Parental Rights?

A judge will consider the severity of your crime when making a visitation or custody determination. Criminal charges for violent crimes could cause you to lose custody or your visitation rights. For example, the following crimes could raise questions about your child’s safety when they’re with you:

• Murder
• Domestic violence
• Sexual assault
• Child abuse

Generally, a misdemeanor is less severe than a felony. A felony conviction may look worse for you than a misdemeanor. But it’s all about what’s best for your kid. There’s no hard and fast rule to follow.

Some misdemeanor convictions can make a judge think twice before giving you custody of your child. For example, a history of substance abuse can raise a concern about your child’s well-being. But in that case, something like court-ordered drug tests can work in your favor.

How long it’s been since your conviction can also matter. For example, a twenty-year-old DUI conviction may not significantly impact the court’s decision.

What if I’m in Jail?

One consideration when determining the best interest of the child is the parent’s ability to give the child a stable home. Being in jail removes you from your child’s life for some time. In that case, you will likely lose custody of your child to the other parent or another family member. But this could only be temporary. You may be able to regain custody after your release.

Being in jail can also impact your ability to make child support payments. If a court sentences you to jail, you should tell the family court about your situation.

How Can an Experienced Attorney Help?

Child custody cases can be complex. A family court considers the best interests of the child when it decides your parental rights. Your criminal history and other legal issues can complicate that decision. Call an experienced family law attorney for help. They can give you legal advice and represent you in your custody proceeding.