Will a criminal conviction affect my visitation rights?

If a parent is convicted of a crime, custody and placement may be affected should the other parent petition the court.  The affect of the custody and placement is not black and white, however.  If a conviction has been entered, a court will likely reevaluate the case and determine whether to make a change.

Safety of the Child

The courts first and foremost factor is the best interest of the child.  In custody cases, the court tried to keep the child as stable as possible, only making changes if it is found to be in the best interest of the child. If there is a criminal conviction, the court will likely look at what the specific crime was and how it may impact the child.  If the crime was a violent crime, such as battery or domestic violence, the child may be at a higher risk for violence and be negatively impacted.  In cases like this, the court is at a higher probability of changing custody or placement.

Maintaining and Fostering Healthy Relationships with Both Parents

If there is a change in custody or placement, the court will continue to attempt to maintain and foster relationships with each parent.  The court can alter placement so that it will continue but be supervised or in a therapeutic setting so that the child is safe, but the relationship can continue.

Restrictions on Parenting Time

In an effort to maintain and foster the parent-child relationships and ensure the safety of the child, the court can place conditions on the visitations.  The conditions are likely based around the crime that the parent committed.  For example, if it was a drug or alcohol related crime, the parent may be ordered to not drive with the child or take drug or alcohol tests prior to placement.  In other cases, the court could order the visits take place in public places or supervised. 

Criminal Convictions of Non-Parents Who are Around the Child

If there are non-parents that spend time with the child such as a aunt or uncle, grandparent or family friend who has a criminal conviction the courts can make changes to the court order to ensure the child protection.  If the court finds that being around that person places the child in harms way, the court can make an order preventing that person from spending time with the child.

Hire an Attorney

If you have been convicted of a crime and are worried it will affect your current family orders, than you should contact one of our experienced family law attorneys today!

Contact the family law lawyers at Divergent Law today for legal advice & assistance with your divorce.