How Criminal Charges Can Affect Your Custody Case
When you’re involved in a child custody case, every detail matters, including your criminal history. Even a past conviction from before you had children can raise serious concerns in the eyes of the court, potentially affecting your custody or visitation rights. Whether you’re facing new charges or worried about how an old conviction might be viewed, it’s important to understand the impact on your parental rights. In this blog, Janet Altschuler will explore how criminal charges can influence child custody outcomes.
The Overlap Between Criminal Charges and Custody Rights
When facing criminal charges, many parents worry about the potential fallout in their custody cases. It’s a valid concern. Courts always prioritize the child’s best interests, and any criminal conviction or even ongoing allegations can influence their decisions. Yet, a criminal record doesn’t automatically bar you from retaining custody. Judges weigh various factors, including the nature of the offense and whether it directly affects your ability to provide a safe environment. Landing a minor or old misdemeanor charge may not greatly sway the court, but charges involving violence or sexual misconduct are scrutinized far more closely. Courts assess each situation on its merits, so understanding how your circumstances could shape a custody ruling is essential.
Violence, Sexual Offenses, and Their Weight in Custody Proceedings
Criminal convictions involving violence or sexual misconduct tend to carry the most weight in custody evaluations. Family law courts view such offenses as potential threats to a child’s well-being and might reduce or restrict unsupervised contact. For instance, if a conviction involves abuse or endangerment, courts may lean toward granting the other parent sole custody, with court-approved or supervised visitation for the convicted parent. Even though every family and jurisdiction differs, patterns are consistent: Risk to the child’s safety remains the top concern for courts. Hiring a criminal and family lawyer like Janet Altschuler can make a difference in these circumstances.
Felonies and Their Broad Impact
When it comes to felonies, especially recent or repeated ones, courts tend to be cautious. Felony records, even for non-violent offenses, can raise questions about stability and decision-making capacity. If a felony happened during ongoing custody proceedings, courts are more likely to intervene, especially if the charges suggest behavior that could harm the child or destabilize their environment. Supervised visitation may be imposed, or custody arrangements may be modified temporarily until the criminal matter is resolved.
The Difference Between Pending Charges and Convictions
Pending criminal charges alone don’t carry the same weight as convictions, but they’re far from irrelevant. Courts may view pending charges as potential risks, particularly if they involve serious allegations like domestic violence or substance abuse. Temporary custody adjustments or supervised visitation may be ordered as precautionary measures while the legal process unfolds. Courts may also require evaluations to determine whether your current situation allows safe parenting. Janet Altschuler is a criminal defense lawyer who can help you through this process.
Rehab and Demonstrating Positive Change
A powerful counterbalance to past or pending charges is demonstrating personal growth and responsibility. Courts do consider efforts to improve—like completing treatment programs, attending counseling, or demonstrating rehabilitation—especially for substance-related or nonviolent offenses. Showing that you’ve taken accountability and prioritized your child’s best interests can influence custody deliberations.
Expungements, Disclosure, and Building Credibility
Some might think expunging a record hides past mistakes. However, custody proceedings typically seek full transparency, and judges may access sealed or expunged records. It’s far more effective to honestly address your past and provide context around what’s changed. Demonstrating stability, responsibility, and a continued commitment to your children can help regain trust, even when your legal history is part of the record. Hiring lawyer Janet Altschuler can help prove you are a safe choice for custody.
Proactive Measures You Can Take
If you’re worried about how criminal issues may affect your custody case, there are steps you can take. Be candid and proactive. Disclose pending charges or prior convictions early in proceedings to preserve credibility and avoid surprises for the court. Document your involvement. Show the court your commitment through consistent parenting, stable employment, and participation in relevant programs or counseling. Janet Altschuler can provide guidance in navigating how criminal and custody issues intersect under Arizona law.
Every Case Is Unique
Facing criminal charges is daunting, particularly with potential custody implications. Still, a conviction doesn’t preclude meaningful parent-child relationships. Courts want to know that you can provide a stable, safe, and nurturing environment. Demonstrating rehabilitation, transparency, and continued commitment to your children can make a significant difference.If you’re facing criminal charges and are worried about how they could impact your custody case, don’t wait—Janet Altschuler is here to help. Contact her today for an experienced, compassionate attorney in Tucson, AZ, who protects both your rights and your relationship with your child. Your future as a parent is worth fighting for.