Child Custody With Criminal Record
Going through a divorce can be a difficult time for many people, both physically and mentally. Matters can be made even more challenging when you are fighting for child custody.
That said, do you have any chance of gaining full or even partial custody of your child if you have a criminal record? Unless your criminal record involves crimes against children (including your own), domestic violence and/or crimes of a sexual nature, do not assume that all hope is lost in gaining some degree of custody.
Will A Criminal Record Or A Prison Sentence Doom Your Chances At Child Custody?
No matter what you went to prison for, you still hope to one day have as normal a relationship as possible with your children. If you are in the process of a divorce, is it possible that you may never see your child or children ever again?
A prison record (even a short one) can influence the outcome of a child custody hearing, so don’t take it lightly. That being said, reaching out to a Washington divorce law attorney is your best bet to secure partial custody of your children or at least obtain visitation rights.
In child custody cases where a criminal record is involved, contacting an experienced Seattle child custody attorney is highly recommended. He or she can work with you, your soon-to-be-ex-spouse’s legal team and the courts, allowing all to come up with a custody arrangement that does not prohibit you from having time with your children.
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When you meet with your child custody attorney in Seattle, be sure to brief him or her on the following:
- Prison record – What did you serve time in prison for? How recently did you get out from behind bars? In most cases, instances other than sex crimes and/or harm to your spouse or children will not prevent you from some relationship with your kid(s) moving forward in a divorce.
- Criminal record – Your criminal record, including what you went to jail for and how long you served. If the crime/punishment occurred many years ago, it may have little to no impact on your efforts to secure custody of your children.
- Relationship with your soon-to-be ex – Have you had a relatively solid relationship with your spouse? What is the reason or reasons you two are divorcing? What kind of relationship have you had with your child or children? In many cases, judges will allow for partial custody or at least visitation rights if both are not seen as doing harm to the child involved.
- Current status – Are you gainfully employed at this time? If not, how would you support your child or children if you obtained partial custody? Are you currently paying child support? Even with possible visitation rights, you would still be expected to have a regular source of income.
- Plans moving forward – Are you currently gainfully employed? If so, are you able to provide financially for your children? Whether you are or are not employed at this time means a lot. A judge sitting in on any child custody hearing will want to know how you plan to support your child/children moving forward. Make sure you and your legal team have all the bases covered to give you a better chance at spending time with those you love most.
- Character witnesses – Do you have anyone who can speak on your behalf to indicate that you are a good parent?
While the best interests of the child are typically the overriding factor in any custody dispute, a divorce attorney can best answer your questions as to whether you could get some custody of your child or be restricted to overnight or supervised visits, etc.
Don’t Give Up Hope
Despite your past, a criminal record may not necessarily keep you and your children apart for years to come. Contact us online or call 206-536-2875 for more information.