Getting arrested in Fort Worth can be a nightmare for anyone. But getting arrested while also worrying about your child custody status can put your entire child custody agreement in legal jeopardy. When a child custody situation arises, the parents must focus on the best interests of the children involved. Parents with custody must consistently show commitment to the child’s well-being, maintain a stable home environment, and foster a positive relationship with their children.
Getting arrested puts all of these necessities in jeopardy and can impact your ability to stick to a child custody arrangement. Here’s a close look at how an arrest conviction can impact your child support and how you can use a Fort Worth bail bondsman to give yourself leverage during these trying times.
The More Serious the Offense, the Greater the Consequence
Like most legal situations, there could be a significant effect on your ability to interact with your children if the crime is serious enough. Although minor offenses won’t impact your child custody, a more serious crime comes with serious consequences that ripple beyond your divorce decree.
Even with a bail bond, and time to work on your case, a serious crime can still lead to jail time. A parent who ends up behind bars could even lose their custodial parent status even after they’ve served their sentence.
So, how do judges determine a felon’s custodial future? As with many sentencing decisions, the final answer depends on the details. A judge will examine the nature of the current crime. Did it involve violence or drugs that could endanger the safety of the home?
How long ago was the conviction? While the time itself matters little, the parent’s behavior between the arrest and now is what counts. Have they gotten in trouble? Have they been on their best behavior?
Certain crimes have a higher likelihood of negatively impacting custody rights. These include serious violent offenses such as murder, aggravated assault, and kidnapping. Crimes that specifically target or endanger family members, like domestic violence, stalking, and child abuse, are particularly damaging to custody cases.
Sexual assault is also viewed very seriously in custody determinations. Courts consider these offenses as strong indicators that an individual may pose a risk to the child’s safety and well-being, often leading to restricted or supervised visitation or in some cases, complete loss of custody rights.
All of these factors, along with others like evidence of rehabilitation, help judges make the final decision on how much a conviction can impact child custody.
While Texas’s custody laws are similar to those of most states that follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), questions about custody may still arise if an arrest occurs. We suggest contacting a seasoned child custody lawyer in Fort Worth for a consultation.
Parenting Hampered Without Bail Bond
Every divorced parent wants to be a good parent but staying in jail until an arraignment can put a lot of areas in your life at risk, including your ability to be a stable parent.
If you are arrested and don’t apply for a bail bond, there is little chance for you to get organized for your case, inform your employer of your situation, and ensure that your living situation is properly sorted out. Without income and a stable living environment, not only could you fall behind on your child support payments but a court could deem you an unfit parent and hamper your visitation rights.
Even though you may face some jail time at the end of the day, getting a bail bond and putting in the effort to maintain the status quo at your job and home could salvage your ability to move forward as a parent once you’re out of jail.
A bail bond also gives you the temporary freedom to meet with your lawyers and find out what legal moves you can make to retain the details of your child custody arrangements.
On top of the legal benefits, being out of jail on bond allows you to demonstrate rehabilitation to the courts through completing substance abuse programs, obtaining stable employment, or participating in community service.
Charged Versus Convicted
A lot of people get charges and convictions wrongfully lumped together. It’s important to understand the difference between the two legal terms.
A charge isn’t proof that someone committed a crime. So, if you’re being charged with a crime during a child custody case, your lawyer can review your total case and help convince the courts that your charge doesn’t reflect your abilities as a parent (since nothing has been concretely proven).
Depending on the severity of the crime you’ve been charged with and any direct relevance it may or may not have to your child custody situation, the courts may put less stress on the charge since there is no current conviction.
Conviction Affect on Child Custody FAQs
What if my criminal record is expunged or sealed?
An expunged criminal record is completely removed from the system, and a person can deny it ever occurred. A sealed criminal record is removed from public view but could still be pulled up by the criminal justice system and governmental agencies.
What criteria do judges consider when determining custody for a convicted felon?
When determining custody for a convicted felon, judges primarily consider the child’s best interests, focusing on safety, well-being, and stability. They evaluate the nature of the conviction, rehabilitation efforts, and the parent’s behavior since the offense. The parent-child relationship, co-parenting ability, living conditions, expert testimony, and the child’s wishes (if appropriate) are also considered.
How can I demonstrate that I am fit for custody?
To demonstrate your fitness for custody, provide evidence of rehabilitation, maintain a clean record, and ensure a stable, safe home environment. Show a strong bond with your child, cooperate with the other parent, gather supportive documentation, and comply with court orders to strengthen your case.
What resources are there for parents with criminal records seeking custody?
If you are a parent with a criminal record seeking custody, your best resource is your criminal defense lawyer. They can help you review your record get items expunged, if possible, and can connect you with a family law lawyer who know there ins and outs of custody law.
Arrested During Child Custody Proceedings
You must apply for a bail bond if arrested during child custody proceedings. This grants you the time to meet with your criminal defense and divorce lawyer to discuss the severity of what you’ve been charged with and how it could impact your custody agreement if convicted.
With a qualified bondsman on your side, you could give yourself the time to meet with your criminal defense lawyer on a regular basis between your release and the first court hearing.
During these meetings, they could help you craft a defense that potentially lessens the severity of the crime to salvage the future time you have with your children.
If you’re ready to take the next step toward being the parent you know you need to be, call Big Bubba’s Bail Bonds today. We are open 24/7 and can help you start the bail bond process.
