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  • Writer's pictureMax Factor

How does my felony affect child custody?

Updated: Dec 14, 2023

Depending on the severity of the felony charge in question, you may risk losing custody of your children if you are charged with and/or subsequently convicted of the following types of charges:

  • Murder

  • Domestic Violence

  • Aggravated Assault

  • Sexual Assault

  • Kidnapping

  • Stalking

In addition to the crimes listed above, any crimes involving children, whether it be your own or someone else's, will have an impact on your custody case. A judge will not only look at current accusations, but for patterns of behavior that may deem you a risk to your children.

A few things to consider if you have a lengthy criminal history:

A judge will always rule in favor for the best interest of the children, to include:

  • The child's current living conditions: whichever environment provides a safe, structured home will be given preference over less consistent conditions

  • The child's preference on which parent will be the primary caregiver: sometimes judges will seek input from the children to determine which caregiver they have a more positive relationship with.

  • Each parents ability to provide proper care for the child: a safe, stable home that meets the needs of the child physically, mentally, and emotionally will be given favor over an environment that causes distress or chaos.

  • Each parents relationship with the child: the parent that is more involved in the child's day-to-day life will be given preference.

  • How current parenting responsibilities are divided: the parent that has a more consistent and meaningful role in the caregiving of the child will be given preference.

Child custody cases can be very complex, especially in situations where one, or both parents have been involved in the criminal justice system. Judges do not wish to remove children from their parents care. If patterns of violent behavior, or even poor decision making emerge based on past offenses, your custody and/or visitation schedule may be affected. If you have found yourself in a situation that may hinder your ability to have the relationship you desire with your children, it is best to seek-out a child custody attorney. A skilled family law attorney may be able to improve the outcome of your case, even if there are extenuating circumstances that may reflect poorly on you. Contact Max Factor Law today to schedule a consultation to determine the best steps to take to start healing your relationship with your children.

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