How Criminal Charges Can Impact Child Custody and Visitation

How Criminal Charges Can Impact Child Custody and Visitation

Getting arrested or facing criminal charges can be scary enough on it’s own. But if you’re a parent, it can be downright terrifying to think about what it might mean for your rights to see your child. In this article, we’ll break down how pending criminal charges or a conviction can impact custody and visitation rights. We’ll also talk about steps you can take to protect your relationship with your kid.

How Criminal Charges Can Affect Custody

If you’ve been arrested or charged with a crime, the other parent may use that to try to get full custody rights from the court. They’ll argue that your criminal behavior makes you unfit to care for the child. Here’s some key things to understand:

• Courts look at how the charges impact your ability to parent – The type of crime is important. Charges involving children, violence, drugs or alcohol are seen as most problematic. But any charge can potentially be an issue if it affects your judgment or time with your child.
• Ongoing criminal cases may change custody – If you already have shared custody, getting charged with a crime may lead the court to grant the other parent temporary sole custody until your case is resolved.
• A conviction can definitively impact custody – Pleading guilty or being found guilty may cause you to permanently lose sole or shared custody. Some convictions require termination of parental rights.

While a parent’s criminal history is a factor, courts also look at the child’s best interests overall. Your pre-existing relationship with your child is still important.

How Visitation is Impacted

If you lose full custody, you’ll likely have reduced visitation rights. Exactly how much visitation is allowed depends on factors like:

• The charges against you – More serious charges often mean fewer visits.
• Your criminal history – Repeat offenses cause greater concern.
• Your child’s age – Older children get more say in visitation.
• Supervised vs. unsupervised – You may only get supervised visits until your case is resolved.

Visits may be required to occur in public places or the other parent’s home. If you’re incarcerated, visitation can be much more limited.

How to Protect Your Rights as a Parent

If you’ve been arrested or charged, here are some steps to take that could help protect your custody and visitation rights:

• Be proactive – Once charges are filed, ask your attorney to file a motion affirming your parental rights.
• Follow court orders – Comply with any temporary custody or visitation restrictions to show you respect the law.
• Keep communication open – Continue reasonable contact with your child through phone calls, letters, etc.
• Get character references – Have friends/family write letters attesting to your good parenting.
• Consider classes – Take parenting, anger management or substance abuse classes before your hearing.

It can also help to have an open discussion with the other parent about your charges and how to handle custody going forward. You may be able to avoid litigation by voluntarily agreeing to temporary supervised visitation until your case is resolved.

When Criminal History Can Be Overcome

It’s understandable for charges to raise concerns about your parenting. But in some cases, you may still be able to convince the court you deserve custody or visitation:

• If the charges are minor or unrelated to parenting – For example, a financial crime likely has less impact.
• If you’re acquitted or charges are dropped – Then there’s no conviction preventing custody.
• If you go to rehab – Completing drug or alcohol treatment shows changed behavior.
• If you already served your time – Past incarceration alone shouldn’t determine custody rights.

It comes down to showing the court you are responsible now and acting in the child’s best interests. An attorney can help make the strongest case possible.

Speaking to Your Child About the Situation

Many parents struggle with what to tell the child about their criminal charges. You want to be honest, but also avoid unnecessary worry or confusion. Here are some tips:

• Don’t badmouth the other parent – Keep things focused just on you.
• Emphasize it’s not their fault – Make sure they know you getting in trouble is not about them.
• Keep it simple and age-appropriate – A young child just needs brief reassurance; an older child can handle more details.
• Be open to questions – Let them ask questions and express their feelings without judgement.
• Reassure them the situation is temporary – Explain you’re working to resolve the charges and get back to normal visits.

With care and honesty, you can maintain an open dialogue to get through this difficult situation together.

Getting Legal Help

Navigating child custody and visitation issues when facing criminal charges is complex. Having an experienced family law attorney on your side can make all the difference. They understand how to advocate for your rights as a parent within the legal system. Some key ways a lawyer can help:

• Guiding you on the best legal strategy
• Representing you in custody hearings
• Negotiating visitation access
• Coordinating with your criminal defense lawyer
• Connecting you with helpful resources

Don’t go through this alone. A lawyer can explain all your options and vigorously defend your rights. They can also advise you on steps to take that could positively influence the judge’s decisions. With an attorney’s counsel, you may be able to maintain an active role in your child’s life despite the criminal charges you face.

The Bottom Line

Facing criminal charges while parenting can be a scary and confusing time. But there are still steps you can take to protect your relationship with your child. Being proactive and showing the court you’re acting responsibly can help mitigate the impact on custody and visitation rights. And working with an experienced family law attorney improves your chances of maintaining a role in your kid’s life. With diligence and proper legal guidance, you may be able to overcome the challenges of this situation.