What Are the Convictions?
A criminal record can impact custody arrangements. Whether or not your record will impact your custody arrangements will depend on what your convictions were, among other factors including how long it’s been since the conviction, or whether you have a history of repeating the same offense. For example, if you have one class B misdemeanor for shoplifting, courts are unlikely to consider that when determining how much custody you’ll have. However, if you have been convicted of child abuse related charges, those may impact your custody arrangements. Drug-related charges could also impact your custody arrangements, particularly if you have not completed a rehabilitation program and there is evidence to suggest that you are still struggling with substance abuse. Ultimately, the courts will be on the lookout for evidence that suggests that a person is not fit to care for their children. While some convictions may be evidence of a parent’s unfit nature, other convictions may not matter.
Rectifying the Situation
If you have a criminal record and you’re seeking custody of your children, you will want to show the court that any potentially harmful behavior is decidedly left in the past. For example, if you were charged with drug possession in the past, you’ll want to make sure that you aren’t using any illicit substances anymore. Your ex may ask that you take a drug test, and/or you may be ordered to take a drug test by the court. Depending on your situation, you may need to go through an in-patient treatment program. You may also have to show the court that you have safeguards in place to prevent repeated offenses, relapses, etc. If you have abused your children in the past, you may need to seek specialized mental health treatment before you are ready to have supervised visitation or custody. In situations involving abuse, you may also need to complete reunification therapy. In short, if you have a criminal record that could be used as evidence that you pose a danger to your children, you may need an attorney’s advice to help you determine your next steps.
Can All Parents Get Custody?
Most parents who are capable of being involved and want to be involved will be able to get some custody. Even parents who have abused or neglected their children have some rights to their children, however those rights do tend to be limited, supervised visitation instead of even minimal unsupervised parent time, for example. Generally speaking, it’s in the child’s best interest to have a relationship with both their parents, even if one of their parents has been previously unable or unwilling to properly care for the child. The judge should take a holistic approach to considering how much access each parent gets to the child in question so long as it finds that doing so is in the child’s best interest. This means that the judge may consider each parent’s past, the risk of harm to the child, as well as any treatment plans and programs a parent has completed.
Keeping Your Child Safe
If your ex has a record and you’re concerned that your ex poses a danger to your children, you may need to take precautions in order to keep your child safe. You should always follow the court order regarding custody orders. Even if your child is actively experiencing abuse at the hands of your ex, you do not have the right to interfere with the custody order without approval from the court. If you suspect your child is experiencing abuse, you need to speak with a family law attorney who can give you customized legal advice that’s based on your specific circumstances. You can request an emergency order from the court to protect the child. In order to keep your child safe, you should contact your attorney as soon as you suspect abuse. If your ex has a history of child abuse, look out for signs that your child is experiencing abuse and document them thoroughly. Do not question your child, as only trained professionals should question children about suspected abuse. If you have concerns about your ex and substance abuse, you will need to look out for signs that your ex is using (or drinking) again. If you see signs of this, make sure you document this. Having extensive documentation can be useful evidence in court.
Custody While One Parent Is behind Bars
How a Criminal Record Factors Into Custody
A criminal record does not automatically cost a parent custody, but it can weigh heavily depending on what the conviction was and how recent it is. Because Utah courts decide custody based on the child’s best interests, the key question is whether the criminal history affects the parent’s ability to provide a safe, stable home.
Which Offenses Matter Most
Not all convictions carry the same weight. Courts pay closest attention to offenses that bear on a child’s safety, such as:
- Domestic violence or child abuse.
- Drug or alcohol offenses, especially recent ones.
- Violent crimes.
- Crimes involving children.
An old, minor, or unrelated offense usually matters far less than a recent or serious one. Evidence of rehabilitation, such as completed treatment or a long crime-free period, can also make a real difference.
What This Means for Your Case
If you have a record, honesty and evidence of growth are your best tools. If you are concerned about the other parent’s record, focus on documented facts rather than accusations. Either way, a child custody attorney can help present the situation in the light of the child’s best interests. Contact our team to talk through your case.
Frequently Asked Questions
Will a criminal record automatically prevent custody?
No. Courts look at what the offense was, how recent it is, and whether it affects the child’s safety, all through the best-interest standard.
Does an old conviction still matter?
Usually much less than a recent or serious one, especially with evidence of rehabilitation. Context is everything.
In most cases, parents will not be expected to take their children to visit their other parent in jail. However, like all legal matters, this will vary on a case-by-case basis. Judges are supposed to look at the best interests of the child when making custody decisions. They may consider the child’s relationship to the parent, the crime for which the parent is serving time, and potentially whether or not the child wants to visit the parent. Parents may still have rights to the children behind bars, however those rights may look a little different. Once the parent has been released from jail or prison, they will likely have the ability to seek custody, though it may or may not be granted.
When You’re Seeking Custody
The attorneys at CoilLaw are dedicated to helping their clients fight for their rights and protect their families. If you are in a custody battle, CoilLaw is here for you. Contact us today to get your initial consultation set up.
