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Family courts are required to make initial custody determinations based on the best interests of the child, which means a parent’s criminal record can have a significant impact on the outcome. However, not all offenses automatically bar a parent from receiving custody, and some may have no bearing on the judge’s decision at all. When deciding on a child custody arrangement, the court will look at a variety of factors, including the type of offense and how long ago it occurred.

Child Custody & Parents With Criminal Records

The Nature of the Offense

child custodyNot all criminal offenses are equal, and the court may disregard those that don’t reflect on a person’s suitability as a parent. For instance, courts are less likely to award custody to a parent who has been convicted of violent crimes, sex crimes, drug charges, or DUIs. However, misdemeanors such as trespassing, public intoxication, or other minor offenses are usually treated less seriously, especially if they appear to be isolated incidents.

The Age of the Offense

Recent convictions can carry significant weight in family court, but older offenses may be less important. If someone was convicted several years ago with no legal trouble since, the judge is more likely to believe that they have successfully gotten their life back on track.

Domestic Violence Charges

Family courts also take accusations of domestic violence extremely seriously, even if they ultimately didn’t result in a conviction. In Alabama, there is a rebuttable presumption that a person who has been convicted of domestic violence is not suitable to have primary physical custody of a minor child. If the judge finds a domestic violence accusation credible, they’ll likely award primary physical custody to the other parent and may even order that all visits with the child be supervised. 

 

Child custody disputes can be intimidating and stressful, with outcomes that can affect the rest of your life. The legal team at J.P. Coleman Law, LLC, Attorneys at Law is committed to helping clients throughout the Baldwin County, AL, area navigate these difficult experiences, delivering peace of mind and the best possible results for your case. Visit their website for more on their family law services, get more legal tips on Facebook, or call (251) 947-6247 to consult with an experienced child custody attorney today.

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