Prior convictions could affect people on a deeply personal level. Individuals facing divorce or child custody disputes may worry about how a prior conviction might affect their rights in family court. How much influence can criminal records have on family law proceedings?
Records can complicate divorce
There are a few ways in which a criminal record could affect divorce proceedings. The first is by providing grounds for a fault-based divorce. Certain types of convictions, including serious felonies, can justify one spouse filing for divorce and blaming the other for the end of the marriage.
Particularly if the criminal conviction is recent and there is a lengthy sentence of incarceration, the spouse with the record might end up blamed for the failure of the marital relationship during legal proceedings. If the offense was a financial crime, that could impact the division of the marital estate.
Criminal records can affect parental rights
People with criminal records often panic when facing custody disputes. They may assume that the courts could view them as unfit parents because they have broken the law previously. Thankfully, the family courts generally approach the matter with a bit more nuance than that.
State statutes require that judges hearing custody disputes by focusing on the best interests of the children. To do so, they need to look at many unique factors. The level of risk one parent poses to the children can be an important consideration.
People with old convictions for minor crimes are unlikely to face many custody-related consequences. However, if the offense is recent and indicates a degree of risk for the children, judges may consider the matter carefully.
Recent charges related to substance abuse of any kind could indicate that the children might be at risk of neglect. Convictions related to domestic violence can also impact parental rights, particularly if the children were victims or if they witnessed acts of domestic violence involving someone else, such as their other parent. Judges have to determine how likely a criminal record is to indicate risk to the children.
Parents concerned about protecting their relationships with their children may need help navigating family law matters when they have a criminal record. Discussing the situation with an attorney can be the first step toward developing a reasonable strategy for divorce or custody proceedings.