How Criminal Charges Can Impact Child Custody Cases in New York City

When parents in New York City are going through a divorce or separation, one of the most contentious issues they face is child custody. Determining custody arrangements that are in the best interests of the child can be extremely challenging, especially when one parent has a criminal record. Criminal charges and convictions can significantly impact how custody cases play out in family court.

How Pending Charges Are Handled

If a parent has criminal charges currently pending, it can put custody decisions on hold until the case is resolved. The court may award temporary custody arrangements in the meantime[6].

Pending felony charges or multiple recent misdemeanors will likely result in only supervised visitation until the outcome of the case is determined. Any charges directly related to violence or abuse involving the child or other parent may result in suspended visitation entirely.

Once the criminal case concludes, the family court will factor the conviction and sentence into making final custody determinations. More serious convictions will weigh much more heavily than minor misdemeanors.

How Past Convictions Are Assessed

For parents with past criminal convictions, the court will closely examine factors like:

• The nature and severity of conviction – violent and sexual crimes are biggest concern
• How long ago the crime occurred
• Whether multiple convictions demonstrate a pattern
• Evidence of rehabilitation since offense
• Input from child’s attorney or guardian ad litem

To determine whether a past conviction should impact custody rights, the court will assess if the parent poses a current safety risk to the child. A parent convicted of assault 10 years ago with no further offenses may be viewed very differently than someone with multiple recent violent convictions.

Rehabilitation efforts can also be important – for example, completing anger management courses after an assault conviction. A parent who has made positive life changes since their conviction may be looked upon more favorably.

Factors the Court Considers

When determining custody arrangements, some factors the court will consider regarding criminal records include:

• Type of offense – Violent crimes and sex crimes are viewed most seriously. Offenses involving children are particularly concerning. Other felonies like fraud may be less relevant.
• Number of offenses – Repeat offenses demonstrate a pattern that raises more concerns than an isolated incident.
• When offense occurred – More recent crimes are more relevant than those further in the past.
• Involvement of child or other parent – Crimes directly involving the child or other parent heighten concerns about direct risks.
• Evidence of rehabilitation – Completing anger management, parenting classes, or other programs shows effort to improve.
• Severity of sentence – Lengthy sentences indicate the crime was quite serious. Short probation may diminish concerns.
• Honesty about record – Being open about one’s history rather than trying to hide it can help build trust with the court.
• Input from evaluators – Psychologists, social workers, or guardians ad litem can provide perspective.
• Child’s wishes – If the child is old enough, their preferences regarding custody matter.

Modifying Custody Orders

If one parent is awarded sole custody due to the other’s criminal record, it does not necessarily mean the arrangement is permanent. Custody orders can be modified in the future if circumstances change significantly.

If the criminal parent demonstrates long-term rehabilitation and stability, they may be able to request expanded visitation rights or joint custody after a period of good behavior. However, the court will proceed cautiously.

Custody modifications require showing a “material change in circumstances” since the initial order. The parent seeking the change carries the burden of proof to show the child’s best interests warrant the modification.

An attorney can advise whether and when seeking modification of custody terms may be possible based on improved life circumstances and commitment to parenting.