Are you wondering if getting arrested affects child custody? When a parent is arrested, it can have significant consequences on their ability to retain child custody rights.

The court’s top priority in determining child custody is ensuring the safety and stability of the child, and a criminal record can call into question a parent’s ability to provide such an environment.

In deciding child custody, courts evaluate numerous factors, including the parent’s capacity to meet the child’s fundamental needs, mental and physical well-being, and capability to create a steady home environment.

How to Protect Your Parental Rights After an Arrest

If the arrest was for a violent offence, or if it involved drugs or alcohol, the parent’s ability to provide a stable home may be particularly suspect.

Parents who have been arrested should seek legal guidance immediately to comprehend their legal rights and responsibilities, as well as develop a strategy for addressing any custody concerns arising from the arrest.

Failure to do so may have far-reaching consequences, including loss of custody or visitation rights.

Understanding the Link: Arrests and Parental Rights

If a parent is incarcerated or otherwise incapable of caring for their child, the other parent may request full custody. In certain circumstances, the court may award temporary custody to the other parent, subject to the arrested parent’s ability to demonstrate their ability to create a safe and stable home environment for the child.

An arrest can also affect a parent’s visitation rights, particularly if the offence is severe or violent. To ensure the child’s safety, the court may limit the arrested parent’s visitation rights.

Parents must be candid with their attorneys about the circumstances of their arrest and work towards demonstrating their commitment to creating a safe and stable home environment for their child.

This may entail attending drug or alcohol counselling, completing a parenting class, or enlisting the help of a social worker or mental health professional.

Substance abuse or mental health

It’s worth noting that not all arrests will negatively impact child custody. If the offence was minor or non-violent, and the parent is taking steps to address any underlying concerns, such as substance abuse or mental health, the court may be more inclined to grant custody or visitation rights.

Being arrested can have significant consequences on a parent’s child custody rights. Parents who find themselves in this situation must seek legal guidance and demonstrate their commitment to creating a safe and stable environment for their children.

Working with an experienced attorney and being proactive about addressing any underlying issues can improve the chances of maintaining custody or visitation rights and preserving the parent-child relationship.

The Legal Implications of Arrest on Child Custody Decisions

In family law cases involving domestic violence, lawyers are frequently faced with a difficult situation where one spouse has been accused of committing an act of violence against the other.

When there is a violent confrontation in a household, the victim may feel intimidated and contact the police for assistance. The alleged abusive spouse is then charged by the police, and given specific conditions for his or her bail.

De Facto Custody

The accused spouse may be prohibited from entering the matrimonial home, or allowed to communicate with the other spouse only through a third party in order to arrange access with their children. This situation can have a lasting impact on the accused spouse’s ability to communicate with, access, and parent their children.

When a parent has ‘de facto’ custody of the children, it means that they effectively have custody of the children. Additionally, the parent who has ‘de facto’ custody may have an advantage in seeking and obtaining a final custody order.

The courts may maintain the status quo in their final order, favouring stability and continuity. If one parent has ‘de facto’ custody or an interim custody order, the courts may refuse to disrupt the existing state of affairs.

Getting Arrested Can Affect Child Custody

If a spouse has been charged with a criminal offence as a result of domestic violence, the first step is to retain a lawyer. While a lawyer may not be able to resolve family law matters until the criminal charges have been dismissed.

He or she should attempt to ask the criminal lawyer to obtain an order from the criminal court that access be determined in accordance with an order from a family court, rather than the spouse’s bail conditions.

To ensure that their parental rights are protected, the accused spouse must seek legal advice as soon as possible. It is important to work with an experienced family lawyer who can help navigate the complex legal issues surrounding domestic violence and child custody.

The family lawyer will work closely with the criminal lawyer to ensure that the accused spouse’s parental rights are taken into account when bail conditions are imposed.

How Different Types of Criminal Charges Affect Parenting Rights

Getting arrested can affect child custody. It’s unfortunate that, sometimes, family disputes trigger criminal charges. This happens when one of the spouses contacts the police to report domestic violence.

Police charge such violent spouses with a criminal offence such as assault. It also might be aggravated assault, uttering threats, or threatening death.

The police or the Justice of the Peace/Judge – as the case may be – releases such accused on some form of release with certain conditions, which also include that the accused can’t contact or communicate with his/her spouse directly or indirectly.

This was true except through a mutually agreed-upon third party or in accordance with the Family Court Order, in order to arrange access to the child.

Getting Arrested Can Affect Child Custody

If the spouse, who is charged with one of the offences involving domestic violence, gets one of the terms of his/her release as not to contact or communicate with the other spouse or visit the spouse’s place. The other spouse gets the de facto custody of the child (ren). This is unless determined otherwise by the court order.

It has been observed that the spouse, who is in de facto custody of the child (ren), has the advantage of obtaining a final custody order. The court will look into the circumstances of the spouses.

The Role of Family Courts in Evaluating Arrest Records

They will then determine the custody issue in the best interest of the child (ren). In these circumstances, where one spouse is charged with domestic violence, the court may order the parties to maintain the status–quo–existing state.

When a spouse is charged with a criminal offence involving domestic violence, it’s always recommended that such a person should retain a criminal lawyer who can assist him/her in his/her criminal charge – in order to avoid a far-reaching impact on his/her relationship with his/her child (ren).

Any Impact on Child Custody and Access?

As it is allowed for both parties in a dispute to allege criminal records, the spouse’s ability to have child custody may be undermined by having a criminal record.

The court may look into the spouse’s conviction and may disavow the spouse’s custodial ability, given his/her convictions involving domestic violence – while deciding on child custody & access issues. In that case, the court may order that limited or supervised access is suitable in the best interest of the child.

Arrests vs. Convictions: What Matters Most in Child Custody Battles?

It is prudent that a person, involved in a criminal charge of a domestic nature, should retain a competent criminal lawyer to deal with his/her matter efficiently.

In order to protect his/her rights and to secure him/her from the long-term impact of a criminal charge in his domestic life. ClearWay Law can connect you with criminal and family lawyers who work efficiently to protect their client’s rights.

As you read in this article, getting arrested can affect child custody. Be careful out there!

Find a Local Lawyer

Contact us

Does Getting Arrested Affect Child Custody?