Can I Get Custody Of My Child If I Have Been Convicted Of A Felony?
The fact of the matter is that it can sometimes be difficult to get custody of your child if there is anything in your background that is questionable. Whether you have been convicted of a felony, or whether you are unemployed and would have difficulty financially providing for your child, the court generally has a certain degree of discretion in terms of deciding whether you will get custody of your child. Having said that, being convicted of a felony will not always prevent you from getting custody of your child.
There are certain crimes that, if you have been convicted, will very likely make it impossible for you to get custody of your child. In fact, some states even have specific guidelines that the court must follow in this regard. For example, if you have ever been convicted of child abuse, child endangerment, or a sexually-related felony, it is possible that you will not only not be able to get custody of your child, but that you will probably even have severe limitations as to your rights when it comes to child visitation.
In contrast, if you have been convicted of a felony such as tax fraud, it is probably still possible for you to get custody of your child. If you were convicted of a felony a long time ago and have not been a repeat offender, and can demonstrate that you have reformed, this will often work to your advantage as well. Make no mistake about it, however. The fact that you have been convicted of a felony will very likely be a part of the court’s decision about whether or not you can get custody of your child. With all other factors being equal, you may still be at a disadvantage if you have ever been convicted of a felony, at least when it comes to getting custody of your child.
If you have been convicted of a felony and are trying to get custody of your child, you should make sure that your attorney is aware of the situation. You can be relatively certain that your ex-spouse’s attorney will be aware of the situation, and your attorney can help you to figure out how to best present the situation to the court in the most favorable light possible.