How Does A Criminal Record Affect Child Custody Cases?

Many people who have a criminal record are often bothered when the issue of child custody comes up. Although, these issues don’t always surface, here is what you should know if the issue comes up.

What is Custody?

There are two types of custody namely; legal and physical custody.  Legal custody is the right of a parent to involve in determining issues regarding the child’s welfare and upbringings like medical issues, education, religion, and maintenance. While physical custody involves deciding on where the child will reside.

Both legal and joint custody can further be broken into joint and sole custody. Joint custody means both parents are involved in the decision-making process while sole custody means a single parent will make all the decisions.

Can a Convicted Felon Have a Child Custody?

Judges mostly prioritize the interest of the child when it comes to custody. The custody of the child by a convicted felon will be determined by the nature of the crime committed. Mostly, judges allow criminal offenders to get involved in their children’s life if the crime committed doesn’t show behavior that could corrupt the child. For example, a parent who has a history of assault could corrupt the child.

Regarding whether a convicted felon can get joint custody, the common rule is that the lower the degree of the crime, the higher the probability of the offending parent getting custody. An offending party can get sole custody of the child if the other parent has a poor history of parenting skills.

However, some felonies can compel the court to deny the offending parent custody. Such as domestic violence, child abuse, and sexual assault.

Is There a Difference if the Offence is a Misdemeanor and not a Felony?

A misdemeanor is often mild and not grievous like a felony. The difference between the two offenses is clearly stated in the state laws. The onus is on the judge to determine whether the misdemeanor is serious to permit an offending parent some custody rights.