How Criminal Charges Impact Child Custody
May 11, 2021, by in Criminal Defense
In Michigan, criminal charges can impact child custody matters. Those who are charged with crimes are already facing the possibility of time behind bars. Now they must face the possibility of losing their kids, too.
If you’re like most parents, your kids are your whole world. You would do anything to keep them safe and keep them in your life. Sadly, some parents find their ability to care for their children threatened by criminal charges.
Fight the Charge that Threatens Custody
A criminal defense lawyer in Detroit can defend you from losing your child custody by fighting against the criminal charge threatening your rights as a parent:
- Negotiate a plea bargain to a lesser charge
- Avoid a lengthy prison sentence
- Build a defense to seek acquittal
Greater Risk from Violent Crime Charges
Some criminal charges put you at greater risk for child custody issues. Michigan family courts consider the “moral fitness of the parties involved” when deciding child custody cases. One of the court’s key considerations of moral fitness if either parent has been charged or convicted of a violent crime.
Note the word “violent” in that last sentence. This is key. If you were charged with shoplifting, for example, you probably wouldn’t face any issues regarding custody of your children.
Common violent crimes in Michigan include the following:
If you are facing a violent crime charge, your custody of your children may be called into question during a divorce or separation. A criminal defense lawyer can help you retain the custody or visitation rights of your children.
‘Best Interests of the Child’
In Michigan and most other states, family courts operate under the “best interests of the child” standard when deciding which parent gets primary custody. Many courts consider a criminal history as a mark against your ability to promote your child’s best interests.
Get Help with Child Custody Issues Now
A charge is not a conviction. You will have a much harder time retaining custody of your child if you are convicted. Michigan considers long-term incarceration as grounds for involuntary termination of your parental rights. You are not likely to get custody if you no longer have parental rights.
It is essential to speak with a lawyer as soon as possible after being charged with a crime. A trusted defense lawyer can help you with the criminal charge and the resulting child custody problems. Early intervention may even help you get your charge expunged from your record.
Get in Touch with Drias Law Group
Facing a criminal charge and worried about a child custody matter? The Drias Law Group can help. We can fight your criminal charge to the benefit of your family law case.
Get a free consultation with a criminal defense lawyer. Call (313) 944-0236 or reach out online today.