When parents get convicted of a crime, they may likely wonder hot it will affect their parental visitation rights. The truth is that no two cases are exactly the same. The court will look at several factors before deciding on whether or not to make changes to custody orders.
Impact on the Child
In child custody cases, the court rarely wants to make a change that affects a child’s normal routine. They will look at what type of crime a parent has been convicted of before deciding on whether or not to change the custody order. If the behavior that led to the criminal conviction may impact the child, the court will most likely change the custody order. For example, if a parent was convicted of assault or illegal sexual behavior, the child may be negatively affected.
A Relationship with Both Parents
The court wants a child to have a relationship with both parents if it is possible. If the court believes that parenting time should be supervised, they can have a professional organization supervise every visit.
Conditions on Parenting Time
If a parent has been convicted of a crime, the court can also place conditions on the conditions of parenting time. For example, if a parent’s conviction was for drunk driving, the court may have another party drive a child. If the conviction involved using drugs in the court, the court may order the parent to spend time with child in a public place.
Non-Parents with Criminal Convictions
If a non-parent spends time with a child and receives a criminal conviction, the court can also make changes to a custody order. If the court feels that a non-parent may harm or be a bad influence to a child, they may prevent the two from spending any time together.
Hiring a Skilled Attorney
If you have recently been charged with a crime and are worried about how it may affect visitation with your children, consult with a skilled child custody and divorce lawyer Peoria IL relies on. He or she can evaluate the unique factors in your case and determine the best way to help you. During your initial consultation, be prepared to answer several questions, such as what you were convicted of and how much time you currently spend with your child. The more direct and honest you are with your attorney, the better he or she can help you.
Thanks to our friends and contributors from Smith & Weer, P.C. for their insight into parental visitation rights after criminal conviction.