Coping with the aftermath of a divorce can be tricky if you are a parent. With children involved, the landscape is traditionally more difficult and sensitive. It can become even more challenging if you are arrested and concerned about how it will affect your child custody rights. Hiring an attorney is key to navigating this process. Here’s what you should know about how a criminal record can affect child custody.

How Are Child Custody Rights Determined?

Courts strongly take the child’s best interests into consideration. This includes their safety, stability, and happiness. As long as these three factors are present, then the court might appoint joint custody to the parents in an effort to retain as much peace as possible and allow the former spouses a way to co-parent their child. If you are arrested, then your ability to provide those factors could change. The court re-evaluates their decision based on how well you can continue to care for the child and provide for their safety and well-being.

How Does the Arrest Affect Your Custody Rights?

It largely depends on the scope of your arrest. If you were arrested because you drove under the influence of drugs or alcohol, then the court may recognize this as a potential threat to the child’s safety in your care. Similarly, charges of domestic violence against another person could also indicate to a judge that a child would not be safe in your presence. These situations aren’t always set in stone, and it’s best to have an attorney develop a case in your defense so that you have a fighting chance to maintain custody.

What Is the Best Way to Handle the Situation?

In situations where recent activity is the main concern, it’s imperative that you work with a qualified lawyer who can craft a solid criminal defense case in your favor. This is particularly true of cases that reflect poor decision-making or judgment on your part; these are likely to be viewed unfavorably by a judge, who will always put the needs of your kids first. At best, your access might be considerably limited, such as supervised visitation.

Are you concerned about how a recent arrest might affect your child custody rights? Don’t handle this situation on your own. Put your faith in Lane K. Bennett, Attorney at Law, in Kalispell, MT. This experienced criminal defense attorney has an extensive background handling a wide range of cases, including felonies, sexual assault, homicide, and misdemeanors. No matter the scope of the claim, he can assist you. Visit their website or call (406) 752-7300 to learn more about their practice areas.