Criminal Conviction and Visitation Rights

Trial and conviction of a crime will typically affect an individual’s visitation rights. Based on the type of crime, the conviction, and whether or not the court deems you fit to maintain the initial custody agreement, your situation may be altered. Though the outcome will vary case by case, in general, the court may try to keep the child’s life as stable as possible. It is rare for the court to change the child’s arrangement for the worse by removing a parent from the child’s life. If the criminal act the parent was found guilty of could potentially affect the child negatively, like drug crimes, rape, or murder, the court may immediately nullify visitation rights until additional review is conducted. Though, the court generally views a mentorship and relationship with each parent as in the child’s best interest. Parenting time could be supervised and a certified organization may join the child each visit if the court concludes that the convicted parent can’t be left alone with the child.

Conditions

If a parent is guilty of a severe crime, the court also can establish restrictions for the duration of the visit with the child. For example, if the parent was guilty of driving under the influence, the court could have a separate party transport the child, as opposed to the parent. Or, in situations where the parent was guilty of drug abuse, the courts may only allow the parent to visit with the child in public. The recurrence of your crimes may also be considered by the court. Suppose you weren’t charged with a violent crime, however, if you received numerous convictions or spent a significant amount of time in jail, your visitation arrangement may be impacted. Long sentences can cause stability issues in a child’s life. However it must be obtained, the court will base decisions off of whether or not the custody arrangement will provide a stable living environment for the child.

Hiring a Child Custody Attorney

It may prove beneficial to consider seeking a professional child custody attorney if you have been recently convicted of a crime. If the question of how the crime may impact your visitation rights is worrisome, a lawyer such as the child custody lawyer Bloomington IL locals trust may be able to guide you through your options. They may help explain the complicated elements involved in these situations in order for you to make legal decisions that best benefit you.

Thanks to authors at Pioletti&Pioletti for their insight into Criminal Defense and Child Custody Law.

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Posted in criminal defense, criminal law, divorce
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