If you’re facing criminal charges, you are likely thinking about the more traditional ramifications. Will you spend time in jail? Will you have to pay fines? How will this impact your ability to get a job in the future?
But if you are also a co-parent, it’s important to consider how these charges could affect your custody rights. Is it going to change how often you see your children?
Courts do consider criminal convictions in custody proceedings
When determining child custody, criminal convictions are one of the factors that courts take into account—although many other factors are also considered. In other words, having a criminal record does not automatically prevent someone from having custody of their child.
However, it could influence the court’s decision depending on the nature of the charges. For example, if you’ve been convicted of multiple drunk driving offenses, the court may hesitate to grant you unsupervised custody. They may be concerned about the possibility of you driving under the influence with your child in the car, creating a potentially unsafe environment.
Ultimately, the court’s primary concern is the safety and well-being of the child. That’s why convictions for violent crimes—especially domestic violence—are particularly serious in custody cases. A parent who has been convicted of domestic violence could lose custody rights entirely, as the court will not knowingly place a child in a dangerous living situation.
Of course, you may believe you are innocent of the charges and that you should not lose your right to see your child. But because the court takes these matters very seriously, it’s essential to understand all of your legal defense options. It can be extremely helpful to work with an experienced law firm at this time.