Courts usually believe that it is in the best interest of the child to have both parents involved in their upbringing and many cases, this results in shared custody. However, when a parent in Florida has a criminal record, this might impact the court’s decision and result in losing custody, supervised visitation or, in extreme cases, denial of visitation rights.
Factors considered by a judge when a parent has a criminal record
There are several factors a judge will consider when a parent has a criminal record before they make their final child custody decision. These factors include:
- How recently the crime was committed
- If the crime was repeated or part of a pattern of criminal behavior
- The type of crime committed
- The victim or victims of the crime
Special concerns for the judge
If a parent’s crime harmed their children or any other child, the judge will have doubts about that parent’s ability to take care of their child. Similarly, the judge will be worried about crimes involving substance abuse or driving under the influence.
Crimes that can lead to denial of custody and visitation
Several serious crimes can result in the judge denying custody and visitation if the parent has been found guilty of the crime. Criminal records of felonies such as murder, kidnapping, stalking and sexual crimes will often be a major factor in the denial of custody and visitation.
If you are concerned about your child’s other parent being charged with a crime, you might file for emergency custody until the case is resolved and the other parent is found innocent or guilty. Being charged with a crime will concern the judge, but will not be as serious a defining factor in the final decision as being convicted.