Parents who are divorcing face various issues, including those involving child custody and visitation. Often, parents in Wisconsin have joint legal custody of their minor children in a divorce. Joint legal custody allows both parents equal responsibility for their children. Physical custody refers to where the child resides. Very often, a child will reside primarily with one parent while the other parent has regular visitation. Parents who have minor criminal convictions on their records may wonder whether a misdemeanor will affect child custody.
Best Interest of the Child
The judge will make the final decision in regard to a child’s living arrangements. Parents should try to resolve custody matters and come to a decision about where the child will reside and how visitation will happen. However, the judge will review the matter and will make a decision that is in the best interests of the child. The judge can override a decision by the parents if he or she feels that it is not good for the child. This can happen, for example, when a parent has a history of drug or alcohol addiction or when a parent has a criminal conviction.
How a Criminal Conviction Could Affect Child Custody
In general, both parents are considered to be equal, although a criminal conviction may affect the placement decision. A criminal conviction, for instance, may disqualify a parent from having custody, depending on various factors. The judge will review the criminal background of each parent to ensure that the child will be properly cared for and will not be in danger of harm. It is important to note that just because a parent has a criminal record doesn’t mean that they will automatically be denied child custody.
Not All Crimes Are Viewed the Same
Not all crimes are the same, and therefore, each case is unique. The judge will consider various factors. Some of these factors include the severity of the crime, whether the crime was violent, whether the crime was against a child or minor, and how recently the criminal conviction took place. If the crime was a misdemeanor that occurred years ago, for example, and did not involve a child, the judge will likely place little value on it. The main consideration is whether the parent has committed crimes in the past that were detrimental to a child.
How to Handle Criminal History Issues
If you are a parent who has a past criminal conviction for a misdemeanor, you will want to seek legal guidance. In an acrimonious child custody battle, the other parent may provide evidence of a criminal past. You will need to take responsibility for your prior conviction and show that the behavior occurred long ago or was not harmful to a child. If you have a substance abuse issue, you will want to provide proof that you have successfully completed rehabilitation and show that you are no longer addicted or abusing drugs or alcohol.
While the criminal past of a parent may be reviewed as part of custody consideration, the judge will always do what is best for the child. If you are involved in a custody dispute, it can be helpful to discuss the matter with a knowledgeable attorney. Contact us today at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.