Going to court for a child custody case will involve looking at both parent’s backgrounds, criminal records, employment histories, and other factors that could affect the child’s safety. Each case has unique variables and factors that will affect the custody agreement the judge and plaintiffs agree on. In Utah, the court system will generally do its best to keep both parents as a part of the child’s life, even if one has primary custody and the other has shared. If any parent is deemed unfit by criminal record or living conditions, they may find themselves with limited rights to their child.
Are All Crimes Viewed The Same In Child Custody?
Each child custody case is unique. However, smaller crimes like non-violent crimes or white-collar crimes are less likely to significantly affect your custody rights. Abuse, drug charges, or other violent offenses are all seen as a sign of danger to the child. These criminal charges, even if you have served your time, will play a part in how the court views your ability to care for children.
Each crime and the person who committed the crime will be scrutinized by a judge before determining a custody agreement. During custody battles, a judge wants to find a home and environment that is loving and safe for a child. Whether you have a felony or a misdemeanor, the courts will consider them.
Time Since The Crime Has Occurred
Crimes that occurred decades ago may be less likely to affect your child custody. Each judge will look over every crime with a fine tooth comb and observe the parent’s current behavior. If your crime affects your ability to parent effectively, this can change a judge’s decision.
The time you served and the time since your sentence ended up in the custody case will all be considered in a custody case. If you served your prison time without issues, this can be a good sign for a judge. Time served or time since the crime can be a gray area. Time without repeat offenses can also be another positive step towards more rights for a child.
Repeating Offenses
Parents who have had multiple criminal offenses could signal to a judge that they are a danger to the child’s well-being. Multiple charges that relate to the same event can also affect your custody case, especially if they are violent or unstable action crimes. Even if repeated offenses are unrelated, this can be a negative mark on your road to child custody.
How Does A New Partner’s Criminal Record Come Into Effect?
After divorce, partners may move on to other partners or love interests. Although many may think that the child’s biological parents are the only people who affect a child custody case, this is not true. New partners of the bio parents will also play a part in the child custody case. New partners who have criminal records and who will be involved in the child’s life will be looked at before awarding the bio-parent custody or visitation. If a judge or past partner finds evidence of violence, it will be difficult to obtain custody.
Working With A Divorce And Child Custody Lawyers
Kaufman, Nichols & Kaufman specializes in many areas of family law. Our Utah lawyers help partners navigate divorce proceedings and child custody that often comes with divorce. Our team is focused on protecting your rights and helping you navigate a vulnerable time in your life. Our lawyers are here to help those in the Ogden area navigate a divorce and child custody case safely. Contact our team to find a lawyer that fits your needs.