Many factors can come into the picture when you are facing legal charges. Sometimes, cases in different court systems overlap. This can be difficult to handle, so you have to be prepared. Sometimes, there can be a criminal complaint for domestic violence and a family law case, involving a divorce or child custody, for example.
In a child custody case, the court will consider the best interests of the children. Because of the nature of domestic violence, this could become a central factor. Other criminal convictions might also be at the heart of these cases.
Why would criminal matters be considered in child custody?
There are many criminal actions that can put children in danger. Domestic violence, especially if the children are involved, can mean they might suffer physical injuries. Drug or alcohol abuse can signal that children don’t have a safe home environment when they are with that parent because the adult might be too inebriated to care for their kids responsibly.
How will the court weigh criminal convictions?
The court will try to determine whether the parent is able to provide a stable home for the children. Safekeeping and responsible care must take place on a continual basis. It is possible that the family law court will place less emphasis on older convictions if the person has shown that they have made strides toward becoming a productive citizen.
The nature of the conviction might also come into the picture. For example, if excessive discipline is at the heart of a domestic violence case, that will be considered when the parenting time schedule is created.
What impacts can convictions have on child custody?
If the court deems that the children aren’t safe with the parent who has been convicted, it might order supervised visits only for that parent. The children won’t be able to spend nights with that parent and all in-person interactions will be monitored. In some cases, such as if there is a child abuse conviction, the parent’s rights might be terminated.
When cases are intertwined, you have to think about how each one will affect the other. This makes it difficult to come up with a clear plan. Considering the options and weighing the pros and cons carefully will be beneficial.