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How Does a Criminal Charge or Record Effect Child Custody?

How does having a criminal record effect child custody? What if you are facing a criminal charge and trying to get child custody? In addition to the criminal consequences that a parent may be facing, a criminal record or criminal charge can significantly impact your custody case.

Typically, the general rule that the courts will follow is that the more time that has passed since the crime occurred, the less effect it will have on getting custody. For example, having a conviction of theft that took place 10 years ago, this one incident would most likely have minimal impact on a custody case. In contrast, a recent DWI would have a significant impact as it may show the court that the child can be in danger when in the custody of that parent.

If the crime involves domestic violence, drug or alcohol abuse, the court is likely to consider that these crimes will directly impact the person’s ability to be an effective parent. Drug convictions may require the parent to undergo court ordered drug testing in order to determine if the parent is still using drugs. If the test is positive than that parent will most likely have to go to a rehab program. While a negative test is a good sign to the court and can help the parent’s case.

If a violent crime has been committed, the courts will be very concerned for the safety and well-being of the child when in the custody of that parent. Crimes such as assault, battery, and domestic violence may have negative consequences to a parent in their custody case. Moreover, a court must consider domestic violence when evaluating a custody determination.

In all domestic violence cases a judge will want to know all the information about the allegations. All this information and the details about the crime or crimes committed will have an impact on the case and help decide whether or not the judge will impose limitations on a parent’s custody or visitation rights.

Finally, even if a parent has a criminal record, they may be able to still obtain custody. Each court case is different and will provide different outcomes depending on many different circumstances. Being able to show to the court that the crimes were isolated incidents and that they will not happen again can help your chances in obtaining custody of the child. You want to make sure that you inform your attorney that you have a criminal record, so that they can give you the proper advice.

David Badanes, Esq. and the Badanes Law Office has helped numerous individuals who have a criminal record. David Badanes works closely with an experienced criminal defense attorney to coordinate the best plan of attack.  If you have a criminal record and need an attorney to represent you in a divorce and child custody cases, call David Badanes and the Badanes Law Office today at 631-239-1702, email me at david@dbnylaw.com or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Northport and a satellite office in the middle of Nassau County.

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