Having a prior criminal conviction does not necessarily preclude a parent from having custody of their child. However it does present a road block that the parent must overcome. Ultimately, a judge will use the best interest of the child standard when deciding whether a conviction affects child custody in Oklahoma.
Hiring an experienced child custody attorney ensures your criminal conviction is properly presented and any concern surrounding the conviction is addressed successfully.
In addition to the best interest standard, a judge will also consider the following factors in deciding custody when a parent has a previous conviction:
- Identity and relationship to the victim
- Type of offense
- How recent the offense
- Type of sentence and frequency of convictions
Identity and Relationship to the Victim
The relationship of the offender to a victim is very important in a child custody case, especially if the parent seeking custody previously harmed their child, either emotionally or psychologically.
The family court is most concerned about harm occurring again if it already happened once, especially physical and sexual abuse of the parent’s own child, or another minor. This typically results in supervised visitation or termination of parental rights.
Type of Offense
The type of offense committed is relevant to your ability to care for your child and appropriate emotional control around your child. Judges view prior convictions of domestic violence and drug or alcohol abuse as more severe than shoplifting.
Any crimes of violence are likely to make a family law judge concerned about anger management and putting their child in dangerous and risky situations. Any drug or alcohol convictions may require random drug and alcohol tests.
The occurrence of past domestic violence creates a presumption the parent that committed the offense is unfit. However, there are ways to rebut this presumption that your skilled child custody attorney can help you address.
How Recent the Offense
There is a big difference between an old DUI from 20 years ago and a recent conviction of burglary from a year ago.
If your child custody attorney is able to show a past, old conviction is an isolated event and the parent has made steps to improve themselves, this could reduce the negative effect your conviction has on your child custody case.
Type of Sentence and Frequency of Convictions
This last factor includes both the kind of sentence the offender is granted and how many convictions on your criminal record. The longer the sentence of your previous conviction, the less likely you are to win your child custody case.
In addition, the harsher the sentence, the less likely the offender will be given custody. These two issues create concerns the offending parent is not able to follow the law or orders of the court, and the inability to provide a safe and stable environment.
If the other parent can prove they can provide a caring, consistent and loving home environment, they are more likely to be granted custody. Having a resourceful and expert child custody attorney can help combat any obstacles.
Initial Consultation with a Tulsa Child Custody Attorney
Going through a child custody battle can be very stressful, especially if you are concerned about a prior conviction affecting your custody time.
Hiring an experienced child custody attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma process.
For a low-cost confidential consultation, call now: (918) 924-5526.