- July 15, 2018
A Greenville, SC, child custody case is never easy. Parents fighting for child custody in court face a long and challenging battle. They need excellent knowledge of SC child custody laws and time and energy to follow formalities. They also need to prove their fitness to raise the child. A criminal history can make this process very difficult.
The best way to assess criminal history impact on child custody is to consult a child custody lawyer. The latter will analyze their client’s history from the court’s perspective. They will also propose strategies to minimize the impact of that criminal history.
Assessing Criminal History Impact on Child Custody by Consulting a Greenville Child Custody Lawyer
When consulting a lawyer for child custody in Greenville, SC, parents should always be honest about their case. The fact that a parent has a criminal history does not necessarily determine the outcome of the case. The nature and the time of the deeds on their record matter more.
Their impact on the case will also depend on the life the respective person has led ever since. The parent’s current situation will weigh heavily in court as well. In order to determine their client’s chances, the lawyer will consider several aspects. We will review the most important of them in the following lines.
Aspects Influencing the Impact of Criminal History on a Child Custody Case in Greenville
1. The Nature of the Charges and/or Convictions
A parent charged with domestic violence will have a hard time obtaining child custody rights. Drug-related crimes would have a similarly negative impact. A child custody lawyer may convince the court to neglect an old conviction for minor crimes.
2. The Time that has Passed from the Conviction
Recent convictions are more difficult to overlook. The court will never give custody to someone who continues to break the law. The parent will have higher chances if several years have passed since the crimes in question. Whether they were parents or not at the time will matter as well. With the right child custody lawyer on their side, they may be able to prove their rehabilitation. They could make their criminal past look like a youthful mistake and a learned lesson.
3. How the Criminal Past Influences the Parent’s Financial Situation
A criminal record can make finding a job difficult, if not impossible. A parent with a stable income will have higher chances than one struggling to make a living.
4. The Relationship between the Parents
It helps the case if the parents are willing to cooperate and share custody. A parent with a criminal record accused of being misfit will have a hard time obtaining custody. So will someone accused of adultery and domestic violence. On the other hand, if the other parent were unfit, their odds would improve.
5. The Age of the Child
When it comes to babies and toddlers, the court tends to favor the mother. Older children usually get to express their preference.
6. The Relationship with the Child
A parent involved in the child’s upbringing will have higher chances than an absent one. The better the parent’s relationship with the child, the higher their chances at custody are.
7. The Parent’s Fitness to Raise the Child
In order to obtain custody, a parent has to prove moral, physical, emotional, and financial fitness. The parent should prove they have the time, motivation, and resources to care for the child. The court will compare both parents’ situations and choose the most promising solution.
8. The Skills and Experience of the Child Custody Lawyer
When hiring a lawyer for child custody, parents should consider reputation and experience. These are often the details that make or break a child custody case. An experienced attorney will find ways to prove his or her client’s rehabilitation and commitment to the child. Depending on the specifics of the case, they may be able to show that the other parent is unfit. To win, they will not hesitate to investigate, bring character witnesses, and refer to similar cases.
Hire Robert Clark as Your Lawyer for Child Custody in Greenville, SC!
At Greenville Family Law, Robert Clark has been helping parents win child custody for over a decade. He knows exactly what the court cares about and has his clients and their children’s best interests at heart.
Call (864) 729-3900 now to find out all about your criminal history and child custody case! The sooner you hire Robert Clark as your lawyer for child custody, the higher your chances of winning are!
