Getting What Is Rightfully Yours

Can You Get Custody Of Your Kids If You Have A Felony On Your Record?

9 March 2021

Estelle Mathieu

When you have a felony record, you may feel at a disadvantage getting custody of your kids. The reality is, there is no clear answer on whether you can get custody of your children with a felony record because so many factors come into play: who has current custody of your kids, what and how recent your felony is, and other factors. However, when you get with a family lawyer, you can best discuss your situation regarding your custody rights to your children.

Can you get custody of your kids if you have a felony on your record? Speak to a family lawyer today and find out more about your personal situation to see what your next step should be regarding child custody.

It depends on the felony

Felony charges that involve physical or sexual violence are considered more serious than felony charges for drugs or even burglary because of the violent or dangerous nature of these crimes. If your felony charges don't involve physical or sexual violence, then your chances of gaining some type of custody over your children can be discussed with your family attorney.

It depends on your current and past involvement

Have you always been involved with your children to some degree, even when you were incarcerated? Have you been paying child support, communicating with your children, helping with basic needs, or otherwise been involved in their lives? If you have been, then you are showing that you care about your children and can prove you're a valuable asset to their lives. Show proof — phone call records, copies of letters, pictures of you with your children — to your family lawyer to support your claims of child involvement as you undergo a child custody case.

It depends on your current living situation

Are you gainfully employed? Have you recently gotten out of prison and don't have a permanent residence yet? Are you in a halfway home? Do you spend much of your time in rehabilitation? Your current living situation must be stable, reliable, and safe for your you to be able to have your children there on a more consistent basis. If you aren't on your feet entirely yet, you can ask your family lawyer about getting involved with your kids in other ways, such as having regular visitation that can evolve into some custody at a later date.

Your family lawyer will look at your case and felony history to help you come up with the custody plan that works best for your children. It may take some time to get the custody you desire, so be patient with the process.

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