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How a Parent’s Criminal Record Affects Child Custody

The main concern for courts is the best interest of the child. If you’re in dispute with your child’s other parent and you have a criminal record, that can be a huge factor in child custody proceedings. A child custody attorney in San Antonio, TX, can help you navigate through the process and potentially preserve your parental rights.

Type Of Offense

Judges will take into account the nature of the offense to make their decision. Convictions that are alcohol or drug-related can have negative impacts on your child custody case. For prior drug-related convictions, a judge may issue an order for you to do a drug test using a hair follicle sample. If it results in a positive drug test, then you will likely wind up with supervised visitation or joint custody, especially if your ex-spouse has an aggressive divorce lawyer in San Antonio, TX. For prior DUI’s or alcohol related convictions, judges often look at that as reckless behavior that could put your children in a dangerous position.

How Old The Conviction Is

Judges take how old your conviction is into consideration. If you had a DUI conviction that was years ago, then your divorce attorney in San Antonio, TX, can show proof that this was an isolated incident. This results in the judge likely considering the current day circumstances and how the children are affected. If you have recent convictions or criminal charges, that can have an even more negative impact on your case. The courts will conclude that you engage in risky behavior and you have bad judgment. Also, the amount of times you faced criminal charges or were convicted is taken into consideration. If you have a pattern of multiple convictions, then red flags are raised that you do not obey the law, and this can significantly decrease your chances of obtaining full custody of your children.

Type Of Convictions

The type of conviction you had will be considered by the court. Convictions that involved violence, weapons, or stalking will be looked at more heavily since the judge will be concerned about anger and violence issues. In situations where you have a history of domestic violence charges, the court can impose a domestic violence presumption. As a result of this presumption, the court can legally assume that you’re a bad parent because of an abusive history.

The Victim Of The Offense

The judge will want to know who the victim was, especially if you have a criminal history. If your conviction was a result of an emotional or physical injury to your own child, a judge usually places restrictions on your visitation and custody rights. A judge’s main concern is your child’s safety, and they want to make sure that you do not cause injury to your child again. If your charges were even more severe where it resulted in life-threatening injuries, then a judge can step it up a notch and terminate all of your parental rights.

What You Can Do

If you have a child custody dispute and you’re worried that your criminal record could become a factor, a divorce lawyer in San Antonio, TX, can assist you with potential upcoming proceedings. The best attorney for divorce in San Antonio, TX, is one who has experience with cases such as yours. Sometimes a court decision could be a close call and a criminal record may be the concluding factor that impacts the court’s custody orders. An aggressive divorce lawyer in San Antonio, TX, is an efficient way to guide your strategy.

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