If you are facing a criminal charge, there are many challenges to consider, and if child custody is one of them, the matter becomes that much more serious. Your relationship with your children is of primary importance, and if your parental rights are ultimately affected, it can lead to long-lasting consequences.
If you have concerns regarding the impact of a criminal charge on your child custody arrangements, it is time to consult with a dedicated Round Rock criminal defense attorney who has an impressive range of experience handling cases that intersect with child custody matters.
The State’s Position
When it comes to both parenting time and legal custody – or parental decision-making authority – the State of Texas focuses on the best interests of the involved children.
As such, the court carefully considers each parent’s suitability in relation to providing their children with the love and care they need, and if either one has a criminal record, the fact is not taken lightly. Neither, however, does a criminal record automatically disqualify a parent from either legal custody or parenting time.
Instead, every child custody case is considered in relation to the unique circumstances involved, which means that the state does not take a cookie-cutter approach to this important concern.
For your part, doing everything in your power to avoid a conviction is not only the right choice in terms of your future but also in terms of your current child custody case, and you should not proceed without a focused Round Rock criminal defense lawyer in your corner.
Factors that the State Takes into Consideration Regarding Criminal Records
Not every criminal conviction will have the same effect on your child custody rights. In fact, Texas courts are required to consider the specific details of each charge in relation to the child custody case at hand before handing down a decision. As such, a wide range of factors are taken into consideration.
The Charge Against You
The nature of the offense you have been charged with will be of critical concern. For example, charges that involve violent crimes, drug offenses, or crimes against children are likely to have a much greater impact than charges related to nonviolent crimes.
Your Efforts in Relation to Rehabilitation
Your efforts in relation to rehabilitation can also prove very important. If you are taking constructive steps to ensure that you remain on the right side of the law moving forward – such as by seeking counseling, going to rehab, or establishing a healthy lifestyle that bolsters your ability to parent successfully – the court will pay careful attention.
Risks to the Children
The court will also focus on how your criminal record affects your children in terms of the degree to which it puts them at risk. While a past conviction for financial fraud, for example, is unlikely to pose a serious immediate concern, a current conviction for DWI or assault may.
Current vs. Past Charges
If you were convicted of a crime in your past, it is almost certain to carry less weight than a recent conviction. Even if the past conviction was serious, the fact that you have not faced any criminal charges in the interim could speak to you having turned your life around.
A current conviction, however, makes a strong statement about who you are as a parent in the present, which the court must take under careful advisement.
Patterns of Behavior
If you exhibit a pattern of behavior, such as having a rash of convictions on your record, it demonstrates a concern that could seriously affect your parental rights.
For example, you could be required to have supervised visitation, or you may be denied visitation entirely. If the conviction in question, however, is your first brush with the law, the court will likely attach less significance to it.
While Texas courts do not automatically deny parents with criminal histories parenting time and do not automatically rule against them, a criminal record is a serious factor that will not be ignored.
If you are facing a criminal charge, bringing your strongest defense should be your primary concern, and doing so requires the professional legal representation of a formidable criminal defense attorney.
If, on the other hand, you have a conviction on your record, your savvy criminal defense lawyer will spare no effort in their quest to ensure that the court recognizes you have moved beyond that detour in your life. One mistake does not brand you as an unfit parent, and your concerted efforts to move beyond your past should be showcased.
The Impact of Varying Charges
As mentioned, the kind of crime in question will play a key role in how important your criminal record is to your child custody case.
White-Collar Crimes
White-collar crimes refer to nonviolent crimes that are generally based on financial fraud. While this brand of criminal charge is unlikely to pose a direct threat to your children’s well-being, the court will consider its broader implications.
For example, having a conviction for a white-collar crime on your record may raise concerns about your ability to provide your children with a stable home life, to make well-considered decisions on their behalf, and to effectively address their physical, emotional, educational, and healthcare needs.
Violent Crimes
Violent crimes often signify violent tendencies, which do not align with the state’s interpretation of children’s best interests. Texas courts must prioritize the safety and well-being of the children they serve, and as a result, they must take any history of violence on the part of any parent into very careful consideration.
This said, a conviction for a violent crime that is well in your past or that involves extenuating circumstances that distance you from direct violence will not carry as much significance.
Charges that Relate to Drugs or Alcohol
While a single DWI conviction in your past with no further signs of a problem may not have a serious effect on your child custody terms, repeat DWI charges are a different matter.
As a parent, you have the duty of getting your children where they need to be, and if you have a tendency to get behind the wheel when you are under the influence of alcohol, it puts everyone on the road, including your children, at increased risk.
Additionally, having a troubled relationship with alcohol puts your children at risk generally, in relation to your decision-making, your emotional stability, and your overall parenting skills.
Further, if the charges in question are drug-related, it indicates a connection with others who regularly engage in illegal practices, which can translate to trouble for your children.
An important point to be made about alcohol and drug charges is that engaging in authentic efforts to address the issue, such as going to rehab, attending counseling, and committing to sober living, can all make a great difference in the outcome of your case.
Crimes Involving Children
If the conviction on your record or the criminal charge you are facing involves children, you can expect it to play a critical role in your child custody case. Because Texas courts are called upon to err on the side of caution when children are involved, you should know that crimes involving children are more difficult to overcome in relation to child custody.
Sexual Offenses
If you have a charge of sexual misconduct on your record, it will have a much greater impact on your child custody case. If the crime was against a minor, you could lose your custody rights altogether or could be required to have supervision during visitation.
Virtually any criminal charge could affect your child custody case, but some have the potential to derail your parental rights. Turn to a seasoned Round Rock criminal defense attorney who has a wealth of experience successfully guiding challenging cases like yours toward optimal outcomes today.
Demonstrating that You Are a Fit Parent
The matter of how a criminal conviction will affect your child custody rights is not a black-and-white matter, and the court has considerable discretion in the context of your unique child custody case.
If you are facing a current criminal charge, you should leave no stone unturned in your effort to obtain a favorable ruling, which includes working closely with a resilient criminal defense attorney from the outset.
There are, however, additional steps you can take to help establish that you are a fit parent who is committed to doing what it takes to effectively parent your children, including:
Holding a steady job lets the court know that you take your responsibilities to your children seriously and that you are capable of supporting them financially.
Maintaining a strong, close relationship with your children sets the stage for an improved outcome. Being a solid parent requires round-the-clock consistency and reliability. Forging a strong bond with your children not only demonstrates that you are in it for the long haul but also comes with immense benefits for you and your kids.
Staying out of any further legal trouble sends a strong message to the court that the criminal conviction on your record does not define you and that your children’s well-being is your primary concern.
Providing character witnesses can go a long way toward bolstering your standing with the court. With family members, loved ones, your employer, or community leaders standing behind you, your message to the court is enhanced.
As noted, one of the surest means of communicating your sincere intentions to be the best parent you can be is taking the steps necessary to get the help you need.
This could mean rehab, ongoing counseling, lifestyle changes, or anything else that signifies you recognize the direct correlation between your efforts and your ability to parent your children effectively, and that signifies you are committed to doing what is best for your children.
Potential Court-Imposed Restrictions
If the court ultimately determines that the fact of your criminal record poses a risk to your children but does not negate your parental rights entirely, a range of restrictions that are based on the degree of the risk assigned can be imposed.
Limited Custody
A criminal conviction could support limited custody. This generally means that your children’s other parent will take on the primary custodial role and that you may have no rights in terms of making important parenting decisions on your children’s behalf.
The court could also impose restrictions like no overnight visits or that relate to the locations at which visitation is allowed.
Supervised Visitation
If supervised visitation is required, you will only be allowed to spend time with your children in the presence of a court-approved supervisor. Sometimes, the supervisor can be a family member, but in other instances, the requirements are stricter. Supervised visitation generally relates to serious concerns like relevant criminal charges.
Protective Orders
If domestic violence is a relevant concern, the court may issue a protective order that limits your contact with your children’s other parent or with your children themselves. This could amount to restrictions that relate to visitation with your children or to orders that prevent you from communicating with your children at all.
Mandatory Counseling or Treatment
The court also has the authority to require you to seek counseling or to attend groups or classes that are designed to address anger management, substance abuse, parenting skills, or any other relevant issue. Successfully completing the requirements imposed could lead to an increase in parental rights over time.
Do Not Wait to Consult with an Experienced Round Rock Criminal Defense Lawyer
If you have a criminal record or are facing a criminal charge, it can directly affect your child custody arrangements, and you need focused legal guidance.
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock for over 20 years – is a persuasive criminal defense attorney who is well prepared to unleash the full force of his imposing experience in pursuit of your case’s best possible resolution.
Learn more by contacting us online or calling us at 254-781-4222 and scheduling a free consultation today.