The reasons for divorce play an important role in the child custody, child support, and visitation rights for both parents. If both parents have mutual consent to the divorce and have little to no conflicts, the proceedings can go smoothly and the custody, visitation and child support can be settled without delay and complications. Child custody is, in theory, concluded according to the best interest of the child. This means that each parents’ background will be checked and anything relevant that could affect the determination will be seriously considered by the court.
When a parent has been criminally convicted or simply charged, it may be a significant factor that the family court judge will look into in order to determine child custody, support and visitation rights. There are certain factors that the judge will examine so as to effectively weigh the situation. Among the things the family court judge will check is the victim and the type of the offense made. The website of the Law Offices of Baden V. Mansfield states that if the crime involved the domestic abuse towards the mother and child or children the court can them grant limited custody and visitation rights, while serious charges such as sexual abuse, battery, and other violent crimes can possibly terminate any parental rights.
Dangerous behaviors are what court judges are looking for when deciding on divorce and child custody. Any criminal offenses that can be considered as an isolated event can greatly reduce chances of a withdrawn custody or visitation rights, but recent convictions can demonstrate reckless or dangerous behavior that can be a risk to the welfare of the child. Likewise, the recurrence and nature of the sentences will also be considered; the parent’s capacity to follow the law can be challenged when there is a continuous string of convictions and can considerably lower chances of custody and visitation. Since family courts assess each divorce and child custody cases according to their specific circumstances, the website of Daniel Jensen, Attorney at Law states that a criminal conviction or convictions can be a considerable determinant that could impact the family court’s decision.