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Criminal Charges and Child Custody

January 16, 2020 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Family Lawyer

Matters involving child custody are delicate to say the least. When negotiating child custody, any mishap can certainly have an impact on your ability to obtain access to your child. Whether you are in the midst of developing a child custody agreement or share custody of your child with another parent while facing criminal charges, it’s possible that the access you have to your child could be impacted. Working with a child custody lawyer can not only help in answering your questions but also guide you through the process of negotiating child custody agreements.   

What types of criminal charges could impact custody of my child?

Whether custody is impacted will be largely based upon the severity of the charge, the type of charge and whether or not the charge involved your child. The courts aim to act in the best interest of the child, if your criminal charge is related or could impact your ability to adequately care for them, custody could be impacted. 

If I am criminally charged in the midst of a divorce, could access to my child be impacted?

When negotiating child custody, it’s important that you are on your best behavior. A criminal charge can certainly result in a child custody change. Access to your child may be impacted, especially if the criminal actions you have been charged with impact the safety of your child. For example, if your criminal charge was the result of abuse, assault or impacts your parenting ability, access to your child may be impacted. 

If I am criminally charged, will the court order me to have supervised visitation with my child?

Often, it is in the best interest of the child for both of the child’s parents to be involved. Because of this, the court will make efforts to ensure that a child is able to have a connection with both of their parents. However, if the parent’s behavior poses a risk or danger to the child, a lawyer will tell you that the court may order supervised visitation as a way to have contact with the child. 

What happens if the other parent is unfit? Will the state take custody of our children?

If both parents are unable to safely care for their children, the state may step in and take custody. Children will either enter into the foster care system or be placed in the care of a relative. Examples of an unfit parent include:

  • Child Abuse
  • Neglect
  • Abandonment
  • Domestic Violence

If I am incarcerated, will I lose my parental rights?

The reality behind a criminal charge is that if you are convicted, you could be incarcerated. It’s important to be aware that despite this, you may still be able to retain your parental rights. However, in some cases, the state may become involved and take custody of your child. It’s important to know that how this is managed may vary depending upon the state that you live in. You will surely need the assistance of a lawyer because in some cases, the state may file to terminate your parental rights. 

The impact an arrest may have on you can range. To determine how this might change your current child custody arrangement or may shift negotiations, it’s best to contact a child custody lawyer before it’s too late. Contact a lawyer, like a child custody attorney in Frisco, TX,  to schedule your consultation as soon as possible. 


Thank you to the experts at Scroggins Law Group, PLLC., for their input into family law.

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