Each parent’s living situation and relationship with the child are important elements judges consider when making custody decisions, but other factors can affect the outcome. For instance, divorce attorneys may introduce a parent’s criminal record as evidence that they’re not fit to raise a child. While being convicted of a crime doesn’t automatically mean you’ll be denied custody, it can complicate your case.

The Nature of the Offense

Not all criminal convictions carry the same weight in family law disputes. For instance, minor offenses, such as shoplifting or disorderly conduct, may not affect your custody case at all. Even serious non-violent charges, like tax evasion or fraud, may not alter a judge’s decision since they don’t imply behavior that would endanger the child.

However, convictions for violent crimes can dramatically alter a custody decision, especially if the victim was a family member. In some cases, even allegations that didn’t result in conviction can impact the outcome of a case. A skilled divorce attorney’s advice in these situations can be essential for protecting a parent’s rights.

Domestic Violence Allegations

In family court, the judge only has to find that domestic violence likely occurred in the home, even if the offender wasn’t convicted. If the judge finds allegations of domestic violence credible, they will likely award sole custody to the other parent.

Visitation Rights

Courts assume that children benefit from maintaining relationships with both parents, so judges will likely grant visitation to parents with a history of violent crimes or domestic violence. However, they have the right to limit these interactions if they believe visitation would be harmful to the child. In Missouri and many other states, parents convicted of some crimes are automatically denied visitation if the victims of their offenses were children.

Child custody disputes are always stressful, with outcomes that may impact the rest of your life. The divorce attorneys at The Law Office of Christopher J. Swatosh, LLC are dedicated to protecting the rights of parents throughout Ava and Ozark, MO. Visit their website for an overview of their family law services. To consult with a divorce attorney, call (417) 683-2987.