Yes, It's True A Criminal Record Can Stop You From Getting Custody
Posted on: 10 April 2017
Approximately one-third of working age Americans have criminal records. Being convicted of a crime can have a long-term negative effect on your life. In addition to making it more difficult to secure employment and housing, a rap sheet can hinder your ability to gain custody of or visitation with your children. Here's more information about this problem.
Courts Feel Criminal Records May Predict Behavior
The court's primary concern is what's in the best interest of the child. So when it comes to deciding which parent the child should live with, the judge will look at all available information to determine who is better for the job. A criminal record can provide valuable insight into past issues the parent struggled with and/or be a predictor of present and future behavior. For instance, if a parent was arrested multiple times for shoplifting, the judge may feel that indicates the person has a problem with impulse control.
However, how influential a criminal record will be on family court proceedings depends on several factors:
- When the incident took place
- What type of crime the parent was convicted of
- Sentencing and completion thereof
- Whether the parent is a repeat offender
Some crimes raise immediate concerns and will, more often than not, result in an adverse decision against you. Convictions for domestic violence, sexual assault, crimes against children (e.g. molestation), homicide or manslaughter, and similar violent acts will almost always be cause for concern, especially if the crime was committed relatively recently or you are a repeat offender.
However, even convictions for non-violent crimes can taint your case and lead to undesirable outcomes. For example, multiple convictions for drug possession or DUIs may indicate you have a substance abuse problem or that your consumption of these items may negatively impact your ability to parent.
Overcoming a Criminal Record
It may be possible to minimize the significance of your criminal record or convince a judge your record is not a true reflection of the type of person you are. As noted previously, the court also looks at how long ago the crimes were committed. So the farther in the past the incident took place, the less important it is. Getting the incidents removed from your record via expungement can also eliminate them from consideration.
However, showing you have been rehabilitated can also go a long way towards improving your position with the judge. If you've been convicted of domestic violence, providing proof you have completed an anger management class or participated in therapy may make the judge feel more comfortable letting the kids be around you.
Having a criminal record can complicate your custody and visitation case, but there may be other ways of getting around it. It's best to contact a family law or criminal defense attorney about what you can do to minimize your record.
Share