One of the major issues that is discussed in divorce proceeding is child custody. In cases like these, the best interest of the child is the deciding factor. Whichever parent can best look after the overall well-being of the child will be the one to have full custody. There are many factors that can affect the court’s decision on which parent will get custody of the child and one of them is the criminal background of a parent.

On the effects of a criminal record on child custody, Appleton criminal defense attorneys at Kohler Hart Powell, SC will tell you that being criminally charged can have a huge effect on the life and freedom of an individual. In determining child custody, the criminal history of the parents will be reviewed. The weight on the criminal record will be dependent on various factors such as the victim, the type of offense, the age they were charged, nature of the sentence, and multiple convictions.

Depending on the identity and relationship of the parent to the victim, the judge deciding on your case may limit your custody and visitation rights. For example, if the victim is one of your children, the court may presume that you could hurt your child again. If the nature of the charge is of a higher level such as sexual abuse or life-threatening injuries, it may hurt your custody rights even further.

The nature of the conviction is another factor that can impact child custody cases. If it involves domestic violence or drug and alcohol abuse, it can also have a significant weight on your child custody case. In most states, courts have the presumption of domestic violence against you if your former spouse established a history of domestic violence. This means that the court may assume that you are a bad parent because of your abusive background.

Moreover, your age of conviction will also be reviewed by the court. If you were previously charged with DUI and evidence showed that it was an isolated case, the negative effect of the case may be reduced. Instead they would look at your present charges and its impact on your child.

Lastly, the frequency and nature of your charge will also affect child custody. While they may not be violent crimes, frequent or multiple convictions can impact your chances of getting full custody of your child.

According to the website of BB Law Group, PLLC, determining custody rights should be fair to both parents and at the same time will not hurt the child involved in the case.

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