There is nothing more important to a parent than protecting the well-being of their child. That being said, when courts move to make custody decisions, they will have to consider several factors. If you are someone who has a criminal record, or your spouse has a criminal record, you may wonder if this will influence the court’s custody decision. Please continue reading and reach out to a dedicated Suffolk County child custody attorney from the Law Offices of Susan A. Kassel, P.C. today for more information.
Does having a criminal record sway a court’s custody decision?
Unfortunately, there is no way of telling whether a criminal record will influence a court’s custody decision without knowing the nature of the crime the person was convicted of. For example, courts will surely consider an act of domestic violence that occurred three months ago far more than a DUI that happened 10 years ago. Notably, courts make custody determinations on what they consider to be in the best interests of the child. So, if the court determines that a crime committed by one parent in the past may show evidence that they are incapable of caring for a child’s best interests, or that they pose some sort of threat to their child, they likely will not award that parent primary custody. Ultimately, however, the court’s decision will depend on the specific circumstances of the parent’s criminal record.
What other factors do courts consider when making custody decisions?
As previously stated, the number one factor when it comes to determining a child custody agreement is a child’s best interests. If the court believes that a given decision would not work in a child’s best interests, it will not make said decision. Factors considered when determining a child’s best interests are as follows:
- The bond the child shares with both parents
- Whether both parents can provide a safe and stable living environment for the child
- If the child is old or mature enough, whether he or she has a preference
- Whether both parents can provide financially for the child
- Whether a child may receive a better education if he or she is living with one parent
- Any other factor the court deems relevant when it comes to protecting and preserving a child’s best interests
If you have any further questions about child custody in New York State or you’re looking to get custody of your child, please don’t hesitate to contact the Law Offices of Susan A. Kassel, P.C. today. We are here to help in any way we can.
