child custody

There are several factors that the court will consider to determine if a prior conviction will factor in the court’s decision.

A prior criminal conviction can directly impact a child custody battle. Beyond the loss of custody, a criminal conviction can lead to reduced visitation or loss of child visitation rights in more extreme cases. That said, having a previous conviction doesn’t automatically mean you’ll be on the losing side of a custody case. There are several factors that the court will consider to determine if a prior conviction will factor in the court’s decision.

Here are some of the factors the court will take into consideration:

1. The Type of Conviction

The type of conviction is probably the most crucial factor the courts consider. For example, the judge will likely be more lenient for alcohol and drug-related offenses if you have shown the desire to change previous habits by joining a rehabilitation facility or an addict self-help group.

Judges generally look upon violent crimes differently depending on the circumstances of the offense. For example, a bar brawl or a case of self-defense might hold less weight than a robbery case with assault or a domestic violence case. If a history of multiple violent crimes exists, the judge will likely be very harsh in their judgment.

Also, since custody battles are based on the child’s best interests, crimes against children are a primary no-go zone. It is infrequent for a judge to make any ruling in favor of a person with a prior criminal conviction involving the abuse of children.

2. The Number of Convictions

This is another critical factor that the court will consider. A court will likely look at a single offense more favorably than many priors. Multiple offenses may give a judge the impression you have an affinity for crime and might be liable to commit a crime in the future.

3. How Long Ago Did the Crimes Occur?

Convictions from the distant past, let’s say 10 or 15 years, generally don’t hold much water compared to more recent offenses: This is especially true if you don’t have any other convictions after that time. The time will be looked at as time used in getting better and growing as a person.

What if You Are Charged With a Crime While in the Middle of a Custody Case?

Generally, being charged with a crime while in the middle of a child custody battle can reduce your chances of receiving favorable visitation and parental rights. That said, it’s worth noting that being charged with a crime is not the same as being convicted of a crime.

If you’ve been convicted of a crime while facing a custody case, make sure you have a family law attorney by your side. The attorney will help you convince the court not to consider the criminal conviction/charge as evidence regarding your fitness as a parent.

Contact The Betz Law Firm

At The Betz Law Firm, we are committed to guiding our clients through the court process with the same level of professionalism that we would wish for our family members. We are aware of the trust our clients place in us with their family’s future, and we strive daily to earn it.

Every custody case is unique, so the factors that a judge will consider when determining if a parent or guardian is unfit vary from one case to another.

Let’s get one thing clear: No parent is infallible! As such, it’s unlikely that having a few parenting imperfections will impact a child custody decision. However, being an unfit parent can alter the results of a custody case.

If deemed unfit, the parent in question may have restrictions placed on their visitation rights or even lose their parental privileges altogether. So what is an unfit parent? And how does the court determine if a parent or guardian is unfit?

What Is an Unfit Parent?

The definition of an unfit parent or guardian under Missouri law is essentially the same as other states across the US. Generally, Missouri defines an unfit parent as one whose conduct places a child in danger or causes emotional or psychological harm. Examples of unfit parents or guardians include those who are mentally unstable or use drugs.

How Does the Court Determine If a Parent or Guardian Is Unfit?

Every custody case is unique, so the factors that a judge will consider when determining if a parent or guardian is unfit vary from one case to another. That said, you can expect the judge to consider the following factors:

• A history of substance abuse: The judge will likely be harsh on a parent or guardian with a history of substance abuse. However, the judge will likely be more lenient if the parent has shown the desire to quit drugs by joining a rehabilitation facility or an addict self-help group.

• A history of domestic violence: The court evaluator will conduct a background check to see any domestic violence incidents. Even the slightest evidence of domestic violence can lead a judge or jury to deem a parent.

• The child’s relationship with the parent: Naturally, children should feel safe and secure around their parents. So, if a child is not comfortable around one or both parents, the court may consider such parents unfit to take care of the child.

How Can You Prove Your Spouse Is Unfit?

As you can imagine, as the parent alleging unfitness, you’ll be required to provide substantial evidence to prove the other parent is incapable of caring for the child and ensuring the child’s welfare. This is not as easy as it sounds. You need to hire a child custody attorney to help you collect evidence and demonstrate abusive or neglectful behavior on the part of your ex.

Some of the evidence that your attorney can use include:

• Statements from teachers, neighbors, and other witnesses familiar with specific instances in which your ex-spouse displayed unacceptable behavior.
• Police reports detailing abusive or aggressive behavior on the part of your ex
• School and medical records

The Betz Law Firm Is Here to Help!

Are you in the middle of a child custody battle? Our skilled attorneys can help you prove your ex is unfit. We can also help you disprove any evidence or claims you are unfit. Contact us today and schedule a free initial consultation.

Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Child custody battles typically represent the most critical and sensitive aspects of finalizing a divorce. When a couple cannot agree on child custody, they are often willing to fight hard in court for an arrangement they find agreeable. However, these conflicts often prompt the court to take a long, hard look at their family and personal behavior. In some cases, this behavior harms the parent’s chances of petitioning for a custody arrangement they would prefer.

If you are in a custody battle or preparing for it, it is critical to understand how these mistakes can negatively impact your case. Our team of child custody attorneys will go over each of these points with you to help you make the best decisions.

Making Decisions on Parenting by Yourself

Finalizing a divorce can often take a long time, and during this time, parents are typically acclimating to their new routine and situation. However, during this process, the parents must stay amicable enough to communicate about parenting decisions. The mistake is made when one parent makes decisions regarding the health or education of their child without consulting their soon-to-been ex-spouse. In these cases, the court may interpret this as a couple’s inability to work together. This can hurt their chances of a favorable custody plan.

Badmouthing Your Spouse Publicly

When going through a divorce, it is easy and understandable to harbor some angry feelings towards your spouse. However, it is critical to keep your emotions in check. The court wants to see parents who, despite their difficult situation, can still encourage their child’s relationship with their co-parent. If you have been badmouthing your spouse on social media, at work, and publicly with friends and family, the court may doubt your ability to provide your child with a strong perspective on their family.

Insisting on Sole Custody

There are legitimate situations where a parent needs to fight for sole custody. Cases of child abuse, drug addiction, and other serious situations are some of the reasons. However, in most child custody cases, the court will want to pursue a custody arrangement in which both parents continue to play a prominent role in the children’s upbringing.

St. Louis Custody Attorneys

Our legal team recognizes the delicate nature of child custody proceedings. We make it a priority to ensure that the interests of you and your child are considered first and foremost. The idea of losing precious time with a child can be overwhelming for a parent whose primary goal is to protect their well-being. We have the experience you need to help your family through these difficult times and make sure that you are satisfied with the result.