Will I Get Full Custody if My Ex Has a Criminal Record?
Child custody cases are complex and emotionally charged, especially when one parent has a criminal record. The burning question for many is, “Will I get full custody if my ex has a criminal record?” The answer is not straightforward, as it depends on multiple factors. A parent’s criminal history can influence custody decisions, but it doesn’t automatically disqualify them from visitation or custody rights.
At Skillern Firm Divorce & Child Custody Lawyers, we understand the gravity of these decisions and the profound impact they have on your life and your child’s life. Our team is dedicated to providing comprehensive legal assistance, considering every aspect of your case, and guiding you through the child custody process.
If you need help or have questions, don’t hesitate to reach out to us at (832) 688-6606
Will I Get Full Custody if My Ex Has a Criminal Record?
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If your ex-partner faces criminal charges after the custody arrangements have been made, it might not immediately impact the existing arrangement. However, you can petition for a modification of the custody order in light of new circumstances.
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If you believe your ex’s criminal history presents a risk to your child, it’s crucial to provide solid evidence. This can include police reports, court records, testimonies from witnesses, or reports from child welfare professionals.
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Parental rights are rarely terminated unless the court determines there’s a serious risk to the child. Factors that could lead to termination of rights include severe crimes such as murder, child abuse, or neglect. However, each case is unique and considered individually by the court.
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If the noncustodial parent is denied visitation rights due to their criminal history, it’s usually to protect the child’s welfare. However, they may still have options for re-establishing contact with their child, such as supervised visitation or attending parenting classes.
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While it’s difficult, it’s not impossible for a parent with a criminal record to get sole custody. Much depends on the nature of the crime, how much time has passed since the conviction, the parent’s behavior since then, and their current circumstances. The critical factor is always the child’s best interests.
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Dishonesty during custody proceedings, especially about something as significant as a criminal record, can have serious consequences. If you have evidence of their criminal history, you should present it to the court. An experienced attorney can guide you on how to handle this situation correctly.
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There are no statistics to answer this definitively as each case is unique. The type of felony, the circumstances surrounding the conviction, and the parent’s subsequent behavior are all factors that would influence the court’s decision.
Types of Custody Arrangements
Understanding the types of custody can provide clarity on how the custody process works:
- Physical Custody: This refers to the parent with whom the child primarily lives.
- Legal Custody: This pertains to the right and responsibility to make decisions about the child’s upbringing, education, healthcare, and religious instruction.
Custody arrangements can vary, with one parent having sole physical and legal custody or both parents sharing these responsibilities in a joint custody arrangement. In most cases, the non-custodial parent has visitation rights unless such visits could harm the child.
The Impact of a Parent’s Criminal History on Child Custody
A parent’s criminal history can significantly affect child custody cases. The court considers the type of criminal conviction and its impact on the child’s safety and well-being. Not all criminal convictions carry the same weight. For example:
How Skillern Firm Divorce & Child Custody Lawyers Can Help
Custody cases involving a parent with a criminal history are often complex, emotionally charged, and highly sensitive. At Skillern Firm Divorce & Child Custody Lawyers, we understand the nuances of these situations. Our lawyers are committed to providing the support and guidance you need through this challenging process.
Understanding how a parent’s criminal background can impact custody and visitation rights is crucial. We can help you make sense of how your or the other parent’s criminal past may affect the custody case. If you’re dealing with an abusive parent situation, it’s even more essential to have experienced legal representation on your side.
Whether your case involves a minor criminal history or serious felony convictions, our dedicated attorneys are ready to advocate for your rights and the best interests of your child.
Reach out to Skillern Firm Divorce & Child Custody Lawyers today at (832) 688-6606 for a consultation.
