It is not guaranteed that having a criminal record will prevent you from receiving custody rights if you and your spouse get divorced. For instance, you may have minor charges on your record from two decades ago. While the court could consider this factor, as they operate with the child’s best interests in mind, they may determine that it shouldn’t affect your custody rights.
That being said, many criminal charges can impact your ability to obtain custody, especially if the court believes the child may be unsafe in your care. After all, it would not be in the child’s best interests to place them in an unsafe living situation.
This is why many felony charges can be particularly problematic. These could include crimes such as assault, sexual abuse, stalking and similar offenses. A serious felony record, even if you have already served your time and been released from prison, could lead the court to decide that the child would be better off living with your ex.
What about a common charge, such as an OWI?
Things become more complex when the charges are relatively common, such as driving under the influence. Thousands of people are arrested on OWI charges every year, and many of them are parents.
In such cases, the specifics of the incident often play a significant role. For example, if you were just barely over the legal limit during a traffic stop while driving alone and the incident occurred a few years ago—with no additional charges since then—the court may still grant you custody rights.
Conversely, if you recently received an OWI while driving with your child in the car, the court may determine that you should not have custody rights. Instead, they might implement supervised visitation, allowing you to see your child only in a controlled environment.
As you can imagine, custody cases can become very complex. Be sure you understand all the legal options available to you.