You may have encountered a run-in with the law in what seems like another lifetime, even before you met your spouse and had your child. Even though you may have put this behind you a long time ago, this history may resurface at the worst possible time, when you are fighting for custody over your child in your litigated divorce proceedings. If this concerns you, please continue reading to learn how a criminal record might influence a custody decision and how an experienced Bergen County child custody attorney at McNerney & McAuliffe can help you earn rights over your child.
How might a criminal record affect a child custody decision?
While you may not let your criminal past define you anymore, the New Jersey family court may seriously consider it when finalizing a decision on your child custody arrangement. At this time, they may contemplate whether your criminal record is cause for concern regarding your child’s physical safety and emotional well-being. If they conclude yes, there is a low probability that the court will award you joint custody rights. In an extreme instance, they may only grant you access to a supervised visitation schedule.
Nonetheless, a criminal record is not an absolute barrier to custody. Rather, the court may first assess the extenuating circumstances, such as the nature of your past criminal offense, how long ago you committed the criminal offense, who the criminal offense was against, whether you committed more than one criminal offense, etc. So, for example, if you were found guilty of domestic violence in which your spouse and your child were the victims, your custody rights may be slim. But this may be a different story if, for example, you served your sentence for theft over a decade ago, or even when you were still a juvenile.
What other types of history might influence custody?
Besides a criminal record, you may have some negative parts of your history that may have the New Jersey family court question whether you are parentally fit enough to handle having custody over your child. Examples of other types of influential history are as follows:
- You may have a history of substance abuse or addiction and have stayed at rehabilitation centers.
- You may have a history of mental health issues and have stayed at mental health facilities.
- You may have a history of neglecting your child or alienating your child from their other parent.
- You may have a history of financial instability and have filed for consumer bankruptcy.
- You may have a history of physical, mental, emotional, or financial abuse against others.
If you need help preparing for this upcoming legal battle, turn to a skilled Bergen County family law attorney. We at McNerney & McAuliffe have gone through this countless times before, and we are ready to go through it again to support you.