Do you have a criminal charge and wonder how it may affect your ability to have legal custody of your children? Look no further; we have information to help ease your mind.

The Best Interest of the Child

Regarding child custody, the court will always make decisions based on the child’s best interest. When making these decisions, they often consider elements such as criminal history, income, the character of the parent, and the relationship between the parent and the child. The court will take that information very seriously if one parent has a criminal record. In addition, the court will want to know the charge, who the victims were (if any), what type of crime it was, and much more information.

Charged vs. Convicted

There is a tremendous difference between a charge and a conviction. A charge is not proof that a person committed a crime, whereas a conviction is a proof. As a result, courts generally place less weight on a charge than on a conviction.

Domestic Violence

Child custody court will not take your situation lightly if you have been convicted of domestic violence. Many states have a domestic violence presumption stating that the judge is permitted to assume it would not be in the child’s best interest to be in the custody of a parent with a domestic violence charge.

If you are going through a child custody battle with a criminal record, you need an experienced family and criminal law attorney to help defend your case. We know how much your child can mean to you, and we want to help you have the best relationship with them. Please do not hesitate to reach out to our team at 248-785-3816.