Child custody battles can become intense when both parents are pointing fingers and placing blame on the other. Parents use this strategy in attempt to prove to the judge that their ex-spouse is unfit to parent their child. One extremely damaging allegation is that the other parent has a criminal record.
How The Court Thinks
When a judge is making a ruling on parenting time and visitation, they are always thinking about what is in the best interest of the child. Courts often consider each parent’s criminal history as well as any other factors which could be relevant to the decision. Something such as criminal activity could shed light on the moral character of a parent.
A Charge is Not a Conviction
The court sees a charge and a conviction very differently. If you have a charge against you, there is no proof that you committed the crime. Although if you have been convicted, proof that you committed the crime has been found. Judges usually place less value on a charge than they do a conviction. However, depending on the nature of the charge, the courts may deem it relevant enough to consider in their decision on child custody and visitation.
If you have been charged or convicted of domestic violence, the court will take this information very seriously when making a child custody decision.
If you or a loved one is struggling with getting child custody and visitation due to a criminal charge, you do not have to face the situation alone. Contact our office at 810-237-1200 so we can help you find a solution to your legal issue.