A criminal record can affect a parent’s ability to receive custody of their child. Here’s what you need to know about how criminal records affect child custody in California.
Judges must consider the best interest of the child when determining child custody arrangements. If the judge considers crimes committed by a parent as evidence that the child would be in danger under their custody, then having a criminal record would negatively affect that parent’s ability to obtain custody of the child. However, if the judge believes that the crime(s) committed do/does not represent a danger to the child, then the criminal record will probably not strongly affect the custody arrangement.
What is child custody in California?
In California, child custody refers to parents’ rights and responsibilities in regards to taking care of their children. In the event of a divorce/separation, child custody orders explicitly appoint who will take care of the child and how custody may be split between the parents.
There are two types of custody: physical and legal. Physical custody refers to who the child will live with, while legal custody refers to the parent(s)’ capacity to make important decisions regarding the child, such as education or health care decisions.
Related: Legal vs Physical Custody in California: The Difference
Both of these types of custody can be either joint or sole. Joint means that the right/responsibility is shared equally among the parents, while sole means that only one parent has the right/responsibility. If parents come to an agreement regarding a child custody arrangement, the judge will generally approve it; however, if there is not an agreement, the judge will determine the arrangement.
Related: Sole Legal and Physical Custody in California
Can a criminal record affect child custody in California?
Before discussing criminal records specifically, it is important to understand how child custody is determined in custody cases. Judges will determine child custody arrangements based on what they consider to be in the best interest of the child. To determine what constitutes a child’s best interest, judges will consider several aspects, including:
- The health, safety, and welfare of the child
- History of abuse by the parents
- History of substance addiction by the parents
- The relationship between the child and each parent
Related: What The “Child’s Best Interests” Mean in California Courts
While not explicitly stated, judges will consider prior criminal activity in order to determine the child’s best interest. This is due to the possible implications regarding the welfare of the child as well as a history of abuse or addiction. Therefore, having a criminal record can absolutely affect the outcome of a child custody case, though not necessarily.
Whether or not having a criminal record likely will affect child custody depends on many factors. For instance, the severity of the crimes in question will undoubtedly play a role, as well as whether the crimes suggest a threat to the child’s safety. For example, felony drug convictions, felony assault convictions, or sex crime convictions would strongly weigh against a parent’s claim to child custody because they indicate that the child would be unsafe in the presence of that parent. Financial crimes, on the other hand, would be less likely to affect a child custody arrangement. In addition, the amount of time that has passed since the crime, as well as demonstrated efforts to rehabilitate (such as domestic violence prevention programs) can also affect how strongly a criminal record impacts child custody.
FAQs about criminal records and child custody in California
Will my criminal record affect whether or not I can get custody of my child?
Not necessarily. It depends on the nature of the crimes in question, as well as other factors such as the amount of time that has passed since the crimes as well as any rehabilitation efforts.
I recently committed a crime, but it is not a crime that put anybody in danger. Does this mean that my criminal record will not affect my child custody case?
While a nonviolent and less severe crime is less likely to affect the outcome of a child custody case, the judge may still consider it to be evidence of a threat to the child’s welfare. As such, it is difficult to say whether or not it will affect the case.
What steps can I take to lessen the impact of my crimes on my child custody case?
Depending on the crime, you could participate in programs designed to rehabilitate offenders. You should also contact an expert child custody attorney to help you deal with this issue.
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