Barred from Performing Parental Duties
A child’s best interest is at the center of all
child custody and
visitation decisions. When courts consider how capable each parent is of protecting
their child’s health and wellbeing, criminal records are among the
factors that could influence their final custody ruling.
The Impact of a Criminal Conviction
A criminal offense alone will not thwart a parent’s ability to receive
custody or visitation rights.
The judge will consider the specific details of the conviction, such as:
- The nature of the crime
- When the parent was convicted
- Whether the parent was arrested or on probation
- Whether the parent had any repeat offenses
Overall, the court will ponder how the details of the offense will impact
that parent’s ability to be a proper guardian for the child and
protect their best interests. As such, violent crimes will likely impair
your ability to receive custody rights more than a one-time public intoxication charge.
Crimes That Make It Especially Difficult to Get Custody
Some crimes could be telling of an inability to be a positive parental
figure and could thus hinder your ability to seek a significant spot in
your child’s life.
Convictions that could complicate your pursuit include:
Child abuse: Judges will be inclined to believe that, as there is already a record
of the convicted parent harming their child, they are prone to do so again.
Violent crimes: A court could be led to believe that a parent has violent impulses if
they have been convicted for weapons offenses, assault, battery, domestic
violence, or stalking.
Drug offenses: Abusing drugs could cause a judge to believe that the convicted parent
lacks the moral character necessary to properly raise a child.
Your New Partner
The court could also consider the history of your new partner in their
custody decisions. After all, if they are living with you, they will be
in close contact with your child and thus have an effect on their overall
wellbeing. If your partner was convicted of a series of serious crimes,
your custody rights will likely be limited.
A mistake made many years ago does not render you incapable of changing
for the better now. If you fear that your record is going to disqualify
you from seeing your child,
contact The King Law Firm. We will fight for the future you and your child deserve.