If you can’t find common ground with your spouse during a divorce, you might have no choice but to let a family law judge settle the matter for you. When deciding what arrangement would best serve the child’s best interests, the court will weigh a variety of factors, including the strength of existing bonds, the environment each parent can provide, and your criminal records. While having convictions on your record can impact the outcome of your case, it does not automatically prevent you from gaining visitation or even primary custody.

Criminal Convictions in Child Custody Cases

The Type of Offense

Some criminal offenses are more relevant than others, so the court may disregard petty crimes that don’t necessarily reflect on your character or the safety of your children. However, the court will likely consider violent crime convictions as indications that you have anger management problems or other issues that could impact their decisions. They will also assume that drug crimes, DUIs, or other alcohol-related offenses are indicative of a substance abuse problem, which would impair a parent’s ability to take care of their children.

Domestic Violence Accusations

Family law in North Carolina and many other states requires that courts take accusations of domestic violence very seriously, even if no one was convicted of a crime. Because child custody is a civil matter, the court only has to find by a preponderance of the evidence that domestic violence has occurred. In these cases, they will probably not award full custody and may order supervised visitation only, depending on the accusations and your criminal record.

The Age of the Offense

If you can demonstrate that a criminal conviction was an isolated event and not part of a pattern of behavior, the court will often disregard the offense. For instance, a conviction for drunk and disorderly conduct ten years before the custody dispute won’t impact the outcome of your case as much as a recent DWI charge.

If you’re facing a contentious child custody case, help is only a phone call away. For over 20 years, the Fulcher Law Firm has represented families throughout the Albemarle, NC, area, providing big firm results with small town hospitality. Visit their website for more on their family law services, follow their Twitter for more legal tips, or call (704) 984-6060 to discuss your case and schedule a consultation.