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If you’ve ever been convicted of a crime, you’ve probably worked hard to put the past behind you. However, whether it was a misdemeanor or a felony, a criminal record can still affect your life in the years to come. For example, if you have children and file for divorce, the judge may consider your record when determining a child custody arrangement. Here’s a closer look at the relationship between criminal charges and post-divorce parenting.

What Charges Can Negatively Affect Child Custody?

When determining a child custody arrangement, judges will be most wary of past crimes that involve either drugs or violence. For example, if you’ve been convicted of drug possession or sale, primary custody could be awarded to the other parent. If you were found guilty of a violent crime in the past, such as assault, rape, or manslaughter, you might be prevented from having visitation rights with your child. 

What Types of Charges Have No Effect?

child custodyIf the charge occurred many years ago, and you can prove to the judge that you’ve made efforts to reform your life, they might not let your record keep you from enjoying child custody. For nonviolent crimes such as trespassing, speeding tickets, and even some cases of disorderly conduct, they may not factor in your past at all. 

What Will the Judge Consider When Determining the Custody Arrangement?

At the end of the day, the judge’s goal is to come up with a custody arrangement that’s in the best interests of the child. This means the child’s home life should be safe and stable without any potential threats to their physical safety or mental health.

If one parent has a history of domestic violence or drug addiction, they might not be seen as capable of providing a suitable home environment for the child. However, if the crimes were committed in your youth or didn’t involve drugs or violence, the judge will avoid separating a parent from a child whenever possible. 

 

If you’re currently figuring out the details of your divorce settlement and are concerned about your past record, reach out to Zachary A. VanDyke, P.A. of Panama City, FL. He has experience in both family and criminal law, so he can offer advice from both perspectives. Attorney VanDyke is proud to be a former combat veteran and member of the U.S. Army JAG Corps, which has left him with a well-rounded and disciplined approach to law. To learn more about his areas of practice, visit the firm online. Call (850) 215-6445 to schedule a free consultation.

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