Can a Parent with a Criminal Record Win Custody or Visitation Rights?

 Posted on December 00,0000 in Parental Rights

Filing for divorce can be a painful and difficult process. This is especially true when a divorcing couple has children and cannot agree on a child custody arrangement.

If you are considering divorce, it is important to learn as much about the process as possible. This will help you prepare for the proceedings and know what to expect. Child custody laws are complex, and each case is different. This is why parents who have questions about child custody should consult an experienced family attorney.

Parents with a criminal record often want to know if they can win custody or visitation rights. As with most divorce matters, the answer to this question depends on the specific facts of the case.

It is possible for a parent with a criminal record to win custody or visitation rights. However, a history of violent behavior may affect the custody ruling. The judge will consider any physical violence, threat, and occurrence of ongoing or repeated incidents of domestic violence when awarding custody.

In the absence of ongoing violence, the judge will likely assume that the involvement of both parents is in the child’s best interest. However, if there is ongoing domestic violence, the judge may determine that a parent’s involvement in the upbringing of the child is not in the child’s best interests.

Do Parents Need to Initiate a Court Case to Request Supervised Visits?

If your former spouse has a history of abusive behavior, you may request that a judge order supervised visits. You will need to provide a valid reason for your request. If there is no current court case, it is advisable to seek legal advice before proceeding.

An experienced Aurora family attorney can help you avoid mistakes during the divorce process. The Law Office of Matthew M. Williams, P.C. has been helping families resolve family law issues for nearly 10 years. Contact Mr. Williams at 630-409-8184 today for an explanation of family laws and how they relate to your case.