Custody battles are tough, and they can be even tougher if you have a criminal record. Many parents who fall into this category naturally worry that their past mistake will cost them the chance to raise or see their child. The truth is that courts don’t see it that simply. In Pennsylvania and most other places, judges are most interested in making a decision that’s in the best interest of the child.
Custody is decided in family court, and the judge’s primary determinations are always based on doing what will keep a child safe, healthy, and stable. A criminal record won’t automatically disqualify you from custody or visitation. What the judge wants to know is whether you can provide a secure, loving environment.
If you have a criminal record, it’s important to remember that not all offenses are treated the same way. A minor, non-violent crime from years ago is unlikely to carry much weight in a judge’s decision, but if your conviction involved violence, abuse, or drugs, it’s going to raise bigger concerns. Judges will definitely consider how much time has gone by since your offense occurred, and most importantly, whether you completed your sentence and you’ve shown signs of turning your life around.
Even if you aren’t given primary custody, it doesn’t mean you lose the chance to spend time with your child. In some cases, a judge will order supervised visitation, where you can visit with your child in a safe setting with another adult present. This may not be the way you want things to go, but it gives you the chance to stay connected while ensuring your child’s safety.
Showing that you’ve made positive changes, such as finishing rehab, attending counseling, or staying out of trouble, will go a long way in strengthening your case. Judges want to see that you’re truly committed to being responsible and reliable moving forward.
It’s easy to think that a criminal record is a powerful black mark against you, but it’s only one piece of the puzzle in custody cases. Courts definitely have the goal of protecting children, but they also want to give both parents a fair chance to be involved. If you’re in this situation, it’s a good idea to speak with an experienced family law attorney who can help you through the process.