Being arrested alone can affect child custody decisions in New Jersey, so a parent’s conviction can have an even greater impact.
Criminal charges and convictions can affect child custody decisions and agreements. While any offense might have an effect, domestic violence-related charges, sexual offenses, and offenses directed at children are most likely to impact child custody arrangements. The right attorney might be able to mitigate the negative effect of criminal charges on child custody decisions by negotiating a plea deal, defending you against the charges, and helping you pursue expungement.
Call the Law Offices of John J. Zarych’s New Jersey criminal defense lawyers at (609) 616-4956 for your free case review.
Can Criminal Charges Affect Child Custody Decisions in New Jersey?
Criminal charges and convictions can affect child custody decisions, and often do. Even if charges are dropped and never go to trial, simply having an arrest on your record might affect child custody decisions made by a family court judge.
Can Getting Arrested Affect Child Custody Decisions in New Jersey?
When making custody decisions, family courts focus on the child’s best interest. You don’t have to be formally charged or convicted of a criminal offense for it to impact child custody decisions; an arrest alone can do that.
Our lawyers may be able to prevent an arrest by providing clarifying information to law enforcement on your behalf and preventing you from making self-incriminating statements.
Do Criminal Charges Automatically Affect Child Custody Decisions in New Jersey?
Having a criminal record doesn’t automatically affect child custody arrangements. You will not automatically lose your parental rights if you are arrested or convicted of a crime in New Jersey.
Common Criminal Charges That Affect Child Custody
Convictions for domestic violence-related offenses, child abuse or neglect, sexual offenses, violent offenses, or any offense that directly threatens a child’s safety are more likely to affect child custody decisions than low-level drug charges for first-time offenders or white-collar crimes.
How Do Sexual Assault Charges Affect Child Custody Rights in New Jersey?
In New Jersey, anyone convicted of sexual assault against a victim under the age of 13 may not be awarded visitation rights or custody of any minor unless they can present clear and convincing evidence that doing so would be in the best interest of the minor.
How Can Criminal Charges Affect Child Custody Decisions in New Jersey?
Your criminal record could affect almost all child custody decisions, from whether or not you can have unsupervised or supervised visitation with your child, whether you can contact them at any time or if there are strict limits to communication, and whether or not you even retain any parental rights.
Don’t underestimate how criminal charges can affect child custody decisions, no matter how far in the past you were convicted.
What Criminal Charges Are Less Likely to Affect Child Custody Decisions?
Not all criminal charges have a profound effect on child custody decisions, especially those that do not raise major concerns about your ability to care for your child and provide a safe space, such as low-level financial crimes.
That doesn’t mean white-collar crimes and other non-violent and non-sexual low-level offenses cannot affect child custody decisions, as any arrest, charge, or conviction could.
How Can You Mitigate the Effect of Criminal Charges on Child Custody Decisions in New Jersey?
Whether by proving your case at trial, negotiating a plea for lesser charges, convincing the judge to dismiss the charges, or pursuing expungement on your behalf, our lawyers may help mitigate the effect of criminal charges on child custody decisions.
Prove Your Defense at Trial
If you win your case, there is no conviction to use against you. This is not easy and requires help from our experienced criminal defense lawyers to identify an appropriate defense, gather evidence, and present your case to the jury to create reasonable doubt.
Accept a Plea Deal to Reduce the Charges
If you are very concerned about how criminal charges might affect custody decisions, you might not want to go to trial and risk a guilty verdict on serious charges. If our New Jersey criminal defense lawyers can negotiate a plea deal with the prosecution, you may be able to plead guilty to lesser charges that are less likely to affect custody decisions.
Get the Charges Dismissed
Just because charges are filed against you doesn’t mean the prosecution will get to see the case through. If we file a successful motion to dismiss charges because of a lack of evidence, constitutional rights violations, or procedural errors by the prosecution or the court, the charges are dismissed.
However, the prosecution can refile charges if they get additional evidence, there is still time under the statute of limitations, and the charges were not dismissed “with prejudice.”
File for Expungement
If you are concerned that your criminal record might be used against you in child custody proceedings, you should learn more about the expungement process. When a criminal conviction is expunged, it is erased from the public record. This can help parents with old criminal records.
Even if the opposing party mentions previous behaviors, the fact that they were expunged may stop a judge from using them against you. Even so, not all charges are eligible for expungement.
Can Child Custody Violations Lead to Criminal Charges in New Jersey?
Criminal charges can not only affect child custody arrangements, but child custody violations can also lead to criminal charges for interference with custody or even kidnapping, which can have an even more profound effect on child custody decisions and may even lead to the termination of parental rights.
Get Help with Your Criminal Charges in New Jersey
Contact the Law Offices of John J. Zarych for a free case analysis by calling our New Jersey criminal defense lawyers at (609) 616-4956.