While getting divorced, you know that you want to protect your right to have custody of your children. Even if you’re not seeking sole custody, you at least want to share custody with your ex. This will keep you involved in the child’s life.
But what if you have a criminal record? Maybe your spouse has told you that they are going to seek sole custody and they believe the court will grant it because of your background. Are they correct that a criminal record could impact your rights or prevent you from getting custody of your own child?
Many factors play a role
When making custody determinations, the court focuses on the child’s best interests. They are trying to find a living situation for the child that is safe and healthy.
As such, some criminal records could play a role. But it may depend on the nature of the crime, when it occurred and if the court thinks that it actually puts the child in danger.
For instance, if you got a DUI charge 10 years ago when you were in college – before you were even married or had children – and you haven’t had trouble with the law since, the court is probably not going to deny custody rights on those grounds. But if you got a DUI charge three months ago and you had your children in the car at the time, they may view it as a very clear safety hazard.
Your legal rights
As you can imagine, since this is a nuanced situation with some room for interpretation, there can be disagreements. If you do have a criminal record, it’s very important to know what steps you can take to protect your right to be involved in your child’s life after the divorce.