Will a Criminal Record Affect a Parenting Plan in Illinois?

 Posted on November 05, 2024 in Allocation of Parental Responsibilities

We all want the best for our children. In the process of a divorce, you may want to actively remain in the child’s life while you discuss parenting time with your ex. You may also fear that an existing criminal record will threaten your ability to spend time with your child. A parenting plan is not a black-and-white document. There are several different considerations in how a judge will rule, but having a compassionate Aurora, IL divorce lawyer in your corner will help you determine what is best for your family and the children involved.

Weighing a Criminal Record in a Parenting Plan

In divorce proceedings in Illinois, the courts are obligated to rule in the child’s best interests. This does not automatically mean that a felony or misdemeanor on your record will prevent you from seeing your child. Convictions that occurred a long time ago, especially for non-violent offenses, are less likely to hurt your standing in the eyes of a judge. Under state law, both parents are presumed to be fit and entitled to reasonable parenting time unless it is shown that the parent would "seriously endanger the child's physical, mental, moral, or emotional health" if he or she remained in the child’s life.

What Crimes Make a Parent Unfit in Illinois?

There are certain crimes that, upon conviction, may result in you being deemed unfit as a parent. State law outlines exceptions to reasonable parenting time in cases where the parent is demonstrated to be "depraved." Crimes proving depravity may include, but are not limited to:

• First or second-degree murder
• Heinous battery of a child
• Sexual assault of a child
• Murder of a child

You may also be considered depraved if convicted of three felonies in the United States, though this assumption of depravity can be contested in court.

Possible Stipulations to a Parenting Plan

If you are deemed fit to parent, you can still enjoy reasonable visitation rights with your children. However, these rights do not always come without conditions. A parent may have to submit to supervised visitation if he or she has a history of physical violence against the child or if said parent has a substance addiction. This supervisor is typically a social worker or another family member.

An order of supervision may be lifted if the parent can demonstrate that he or she can provide the child with a stable environment. However, the process of going from supervised to unsupervised can be quite lengthy; if you feel that your rights as a parent are not being adequately addressed, consult with a child custody attorney who can help persuade a judge of your character and ability to provide.

Contact a Kane County, IL Child Custody Lawyer

The mere presence of a criminal history does not preclude you from being in your child’s life, and an Aurora, IL child custody lawyer can be a strong ally in times of family turmoil. Even if you have a checkered past, Attorney Matthew M. Williams will provide compassionate legal representation to make sure that your rights are protected during visitation. To discuss your options, call 630-409-8184 to schedule a consultation.