For many, deciding to file for divorce can be incredibly difficult. However, for many, the most difficult aspect is child custody, as this forces many parents to come to terms with the fact that they may not see their child every day as they share custody. If you have a criminal record, this can be even more difficult to navigate, as you may feel worried that your past actions will impact whether or not you’ll get custody. If you’re unsure what to expect when going through a custody battle, you’ll want to keep reading to learn more about how Long Island custody lawyers can assist you through these difficult matters.
Will a Criminal Record Bar Me From Custody?
It’s important to understand that a criminal conviction does not automatically mean you will be prohibited from custody of your child. However, it’s critical to understand that this is a considerable factor that will be taken into account when the court is determining custody matters.
First and foremost, it’s critical to understand that when the court makes a custody decision, it adheres to a standard known as the “child’s best interest standard.” As such, the judge assigned to the case will examine several factors before making a decision to ensure that the custody arrangement is in the best interest of the child’s health, well-being, happiness, and safety. Some factors the courts will consider include, but are not limited to, the age of the child, the ability of each parent to provide a safe and stable home, the income and job demands of each parent, and the unique needs of the child.
What Factors Will the Court Consider?
If you are a convicted criminal, it’s important to understand the implications that your criminal history can have on your ability to seek child custody. Generally, when considering whether or not to grant someone custody of a child to someone with a criminal record, the court will examine the circumstances of your crimes. For example, if you were convicted of petty theft in your early 20s and fifteen years have elapsed without another offense, then this likely will not make a significant impact in determining whether or not to award custody. However, if you have multiple drug offenses that coincide with theft charges, with the most recent being in the past year, the courts will heavily consider whether or not you are eligible to receive custody. The court may decide not to grant custody because it may be wary of your ability to provide a safe and stable home environment.
You should note, however, that if you are denied custody, you may be granted visitation. This is because the court believes that the child should have a relationship with both parents when viable. As such, visitation may be an option.
As you can see, having a criminal record while fighting for custody can be incredibly difficult. That is why it’s in your best interest to connect with an experienced family law attorney. At the Sklavos Law Firm, we understand how difficult these matters can be to navigate, which is why our dedicated legal team. That is why our team will do everything in our power to help you through these difficult times and fight for the best possible outcome. When you need help, our team is here. Contact us today to learn more.