People arrested for alleged criminal activity are often anxious about the future. They worry about taking the case to trial. They also worry about what might happen if they plead guilty. Different offenses may carry a variety of different penalties ranging from probation and community service to fines and incarceration.
Additionally, those who plead guilty or get convicted at trial have a permanent criminal record that shows up during background checks. A criminal record can influence what job opportunities an individual has and can even affect attempts to continue their education. Those with children may worry that if they ever separate from the other parent, the record of their offense could affect their parental rights.
Can a criminal record influence custody determinations in Massachusetts?
Judges look at the big picture
Family law judges in Massachusetts have a very difficult job. They see only a sliver of a family’s experience and have to settle disputes between people divorcing or disagreeing about what is best for their children. The law provides them with basic guidance that they must then interpret based on their understanding of family circumstances.
In cases involving contested custody matters, judges typically need to make decisions that prioritize the best interests of the children. They need to consider the bond the children have with the parents, the ability of the parents to meet their needs and many other factors. Criminal records rarely factor into custody determinations.
Many Massachusetts parents have records that may include minor offenses like shoplifting or drug possession when they were in college. Minor criminal records typically have little bearing on custody matters. Judges look at the age of the criminal record, the severity of the charge and whether it has any implications for the overall safety of the children.
Someone who pleads guilty to driving drunk with the children in the vehicle might face custody consequences because of that criminal record. A parent with a single impaired driving offense on their record from before they had children is less likely to experience a reduction in their parenting time. Offenses that are more recent and that may involve the children are more likely to have a bearing on custody matters than older crimes that did not involve or endanger the children.
Those facing criminal charges may want to fight the allegations against them specifically to ensure that their parental rights are not at risk. Parents who learn about how judges handle custody matters can develop a family court strategy based on their unique circumstances. Understanding the impact a criminal record might have on custody proceedings can be beneficial for those worried about criminal charges or preparing for family court.
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