When you’re petitioning to get custody of your child—such as if you and your spouse are going through a divorce—the court is going to focus on the child’s best interests. They look at a wide variety of factors to determine how custody should be divided in each individual case.
One thing that can play a role is whether or not you have a criminal record. This doesn’t mean that you can’t get custody of your child with a record or that you’re not going to be able to see them. But it can affect your custody rights, often depending on how the court views the offense and whether it may affect the child’s safety and well-being in the future.
DWI charges
For example, perhaps you have been convicted on DWI charges. You may have paid your fines and served your time, so there’s nothing that technically prevents you from having custody of your child.
However, the court may determine that it would be unsafe for you to transport the child to the other parent’s house or to drive them to school. Because of your record, the court may decide that you shouldn’t get primary physical custody, and they’ll make this decision just to ensure the child’s safety.
But again, doesn’t mean you won’t see the child at all. For instance, the court may still give you visitation rights or allow you to spend time with the child as long as you don’t drive with them in the vehicle.
Every case is unique
The type of criminal offense also plays a role. Along with DWI charges, courts may consider things like drug offenses, violent crimes and much more. For those with a criminal record who are going through a divorce, it’s very important to understand exactly what legal steps to take while navigating this complex process.
