Brent M. Brumley | Attorney At Law
Brent M. Brumley | Attorney At Law
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Avoiding a conviction could protect your child custody rights

On Behalf of | Jan 28, 2025 | Criminal Law |

Facing criminal charges is a stressful experience, often particularly for parents who are also involved in a custody dispute or a co-parenting arrangement. In many cases, a conviction can result in serious consequences for custody rights, as courts prioritize the best interests of the child when making decisions and character concerns associated with a criminal conviction can be consequential in that regard.

Therefore, taking steps to guard against a conviction can help you to maintain your freedom and also help you to preserve your ability to maintain a meaningful relationship with your child. Doing so can also potentially help to lower the risk of conflict between you and your co-parent, which isn’t a great burden for anyone in your family to bear either. 

Convictions can impact child custody rights

When determining custody in contentious scenarios, courts consider various factors to help ensure that a child’s physical and emotional well-being are properly facilitated. One of these factors is the behavior and stability of each parent. A criminal conviction—particularly for offenses involving violence, substance abuse or neglect—can raise concerns about your ability to provide a safe and stable environment for your child.

In some cases, a conviction could lead to:

  • Loss of Custodial Rights: The court may award sole custody to your ex if it believes your conviction poses a risk to your child’s safety.
  • Supervised Visitation: If the court deems you unfit for unsupervised parenting time, you may only be allowed to see your child under the supervision of a third party.
  • Modification of an Existing Order: Even if you currently share custody, a conviction could result in the other parent petitioning the court to modify your custody arrangement.

The best way to safeguard your custody rights is to avoid a conviction altogether. In order to realize this goal, you’ll want to seek experienced legal counsel and support as soon as you possibly can.