How A Criminal Record Affects Child Custody

Are you currently going through a child custody battle and your Ex is now citing your prior criminal history in their paperwork? If so, you are not alone. In fact, a parent’s criminal history is brought up in child custody battles very often, even if it is from several years ago. The reason is that many times it can be the final thing that influences the Judge to rule in favor of or against a parent.

However, when the Court considers a parent’s prior criminal history, it looks at the age of the criminal offense committed, the nature of the offense, and who the victim(s) was. First, if the criminal offense was more then 10 years ago, the Judge is less likely to give it much credence. In fact, if the criminal offense was more then 10 years ago, an evidential argument could be made to keep this evidence out as irrelevant per the Evidence Code. Under Evidence Code 352, the court in its discretion may exclude such evidence if its probative value is substantially outweighed by the probability that its admission would create a substantial danger of undue prejudice or confusion of the issues.
Next, the Court would consider what type of offense it was. If it was a domestic violence or child endangerment offense for example, the Court is more likely to give it a lot of weight. Also, the Court would also look at who the victims were to the offense. If the victims were either the minor child in question or the other parent of the minor child, the Court would definitely give it much weight.

Lastly, even if the prior criminal offense has been expunged per Penal Code Section 1203.

4, it does not mean that the Court would not be able to see the prior criminal conviction. This is because an expungement legally sets aside a conviction and dismisses the case so that a person can say under penalty of perjury that they were not convicted of the charge in question. However, it does not completely erase it from one’s rap sheet.

If you or a loved one needs help with a child custody matter where your prior criminal history is being brought into question, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their child custody matters and other family law matters for over 40 years and we would like to help you with yours! A qualified, experienced family law attorney from the firm will be able to evaluate your case when you call.