It’s common for parents who are facing separation or divorce to worry about the pending child custody battle. If you have a criminal record, the proceedings can be especially stressful. If you want to fight for your kids but prior arrests or convictions are holding you back, here’s what you should know. 

Factors That Influence Child Custody

While having a criminal record can influence the outcome of child custody proceedings, it’s not the only factor that will play a role in the judge’s decision. Family law judges care about the children’s best interests above all else. They’ll determine such interests by evaluating each parent’s mental and physical health, living situation, career demands, relationship with the kids, and willingness to cooperate with each other. 

When a Criminal Record Will Influence Custody

Generally speaking, arrests or convictions for domestic violence will work against parents who are seeking custody. This is true even if the alleged victim was not the children or the other parent. Family law judges also look unfavorably upon more general violent crimes and drug-related offenses. The court will also consider the criminal history of the parents’ new partners. If you move in with someone who’s been convicted of a violent crime or drug offense, it could hurt your chances of securing custody.

Because every case is different, there’s no metric for judges to use to determine how much weight a criminal record should hold. Instead, they’ll consider several factors to determine if the offender’s past is likely to threaten the children’s future. In addition to reviewing the specific charges, they’ll look at the nature of the sentencing, the amount of time that's passed since the incident took place, and whether the parent was rehabilitated or turned out to be a repeat offender.

If you’re facing a contentious child custody battle, contact Bates Law Firm PLLC in Watersboro, NC. This firm handles both criminal and civil matters for clients throughout Anson, Richmond, Stanly, and Union Counties. As such, their legal team is well equipped to represent parents who have a criminal record but want to fight for child custody. To learn more about their other areas of expertise, visit their website. To schedule a consultation, call (704) 694-0195.