It’s estimated that one in three adults has a criminal record, meaning it is incredibly common for adults to face charges. However, if you have a child, your criminal background may have a negative impact on your relationship, especially if you and your child’s other parent are no longer in a relationship. As such, you may worry that you will be unable to obtain custody of your child as a result of your background. If this reflects your circumstances, you’ll want to keep reading to learn more about your rights as a convicted criminal, including the importance of working with a Somerset County child custody attorney to help you fight for the best possible outcome for your circumstances.
Can I Still Get Custody if I Have a Record?
If you are going through a custody battle, you may worry that your criminal record will prevent you from receiving custody of your child. It’s important to understand that having a criminal record does not automatically bar you from receiving custody. However, you should note that this can be factored into the court’s decision, and, depending on the circumstances of your charges, the court may prevent you from receiving custody.
It’s important to understand that New Jersey, like other states, prioritizes the best interest of the child when issuing custody decisions. As such, the court considers some factors, including the criminal histories of both parents, among a litany of other considerations. This is because the court must prioritize the health, well-being, safety, and happiness of the child above all else when determining custody matters.
What Impact Does a Criminal Record Have on Custody?
As mentioned, a criminal record in New Jersey can have an impact on the outcome of your custody case, though it’s not guaranteed. In many instances, if a parent has a criminal record, the court will examine a number of factors to determine if it is in the best interest of the child to be in the care of that parent. This includes the type of offense that was committed, who the victims are, if the parent served time, and if they are a repeat offender.
In some instances, offenses like domestic violence or kidnapping will likely lead to a parent being denied joint custody, as this can indicate to the court that the parent is violent. Similarly, if they were charged with multiple drug offenses, the court may believe the child would be unsafe in the home due to the environment. However, not all criminal charges will result in the parent being denied custody, especially if they have taken the steps to show the court that they are changing.
Even in instances where child custody is not granted, the courts may still believe it is important for the child to maintain a relationship with both parents. As such, they may grant the non-custodial parent supervised or unsupervised visitation.
If you are seeking custody of your child, it’s critical to work with an experienced attorney with the Siragusa Law Firm. We understand how difficult this process can be to navigate, which is why we are committed to assisting you through these difficult times. Contact us today to learn how we can represent you.