When one parent has a criminal record, understanding how that will impact the outcome of child custody is vital to know what to expect during this process. If you are worried about the safety of your child while in the care of their other parent due to a criminal history, you’ll want to contact a Monroe, Louisana child custody lawyer as soon as possible. You’ll also need to keep reading to learn more about the impacts of a criminal record on whether or not someone can win custody of a child.
What Factors Will the Courts Consider When One Parent Has a Criminal Record?
If one parent has a criminal record, understanding how it factors into a custody decision is vital. Generally, the courts will consider a number of elements before they decide whether or not someone should have custody of a child. The courts will weigh the following factors:
- The crime committed
- How long ago the offense occurred
- Whether or not they are a repeat offender
- Who the victims of the crime were
- What punishment they faced
The courts take these factors into consideration because there are a number of facts they must discuss before awarding custody. This includes whether or not the parent can create a safe and stable environment for the child and whether or not it is in the best interest of the child. Some of the aforementioned factors will impact how custody is awarded.
How Will This Impact Custody?
Generally, when someone has a criminal record, the most important consideration made is what the offense was. Traditionally, those who commit violent, drug, or sex crimes have a lesser chance of receiving custody than someone who committed tax fraud a few years back.
Generally, those who committed violent or drug crimes are likely to not be awarded custody due to the fact that it would not be in the best interest of the child. Typically, courts will not grant to those with drug violations for fear the child will be exposed to harmful substances, while violence can impact the child if they are subjected to or witness it.
Sex crimes are among the most heinous in child custody cases, and if a parent is a registered sex offender, it is almost always determined that it would not be in the best interest of the child to reside with them. If a parent wishes to fight to prove they are not a threat to the child they may do so, and in instances where a judge determines the child would not be endangered in the care of that parent, they may award custody or unsupervised visitation rights.
Whether you have a criminal record and want to fight to receive custody or fear that your violent spouse will hurt your child, ensuring you contact a Louisana custody attorney as soon as possible is essential. At Breithaupt, DuBos, & Wolleson, we believe in fighting for the best interest of your child. Contact us today to learn more about how we can help you during these challenging times.
