People preparing for divorce or a contested custody case are often very anxious. They may reach out to people they know who have shared custody and may look up stories from other people on the internet. What they find may leave them feeling particularly anxious.
It is somewhat common for people to have a minor previous encounter with the legal system. Maybe a professional had a drunk driving conviction from back during college, for example. Some people assert that a single previous criminal conviction from years before they had their children became the reason that a family law judge denied them shared custody or even visitation rights.
Is it true that judges terminate parental rights over prior criminal convictions during custody proceedings?
Criminal records can influence custody
Judges hearing contested custody cases have a legal obligation to act in the best interests of the children involved in the case. They have to consider numerous different details about the situation to decide the right way to allocate parental rights and responsibilities.
Factors including the stability of each parent, their health and their relationships with the children can impact the judge’s final determination. So can concerns about a parent’s ability to meet their children’s needs and keep them safe.
Certain criminal charges could influence a judge’s ruling in a custody case. For example, if a parent has a conviction for domestic violence involving the children or for an incident that the children witnessed, that might influence the judge’s decision. Similarly, recent convictions for offenses related to drugs or alcohol could raise questions about substance abuse issues and whether a parent can safely provide for the children’s needs.
Especially in cases where a drunk driver had their children in the vehicle, a conviction could influence what a judge decides in a custody case. However, a single prior offense from years ago that did not involve the children and does not imply an imminent threat of harm to the children is unlikely to have much influence on custody determinations.
A loving parent with a prior shoplifting conviction can still request an allocation of parental rights and responsibilities. The timing of the offense, the conduct of the parent since their conviction and the nature of their criminal record all influence how much weight a judge may give prior criminal offenses during custody proceedings.
Parents worried about losing shared custody because of a criminal conviction may need to review their situation thoroughly with a skilled legal team. Learning about state law can help parents feel more confident about asserting themselves in a contentious custody scenario.
