When it comes to custody arrangements after a divorce, the family law courts will usually try to work with both parents to try and find a plan that works for all involved parties. If disputes arise, the courts may step in to create an arrangement that best fits the interests of the child. Generally, the goal is to ensure that the child is able to spend time with both parents as circumstances allow. 

The key phrase here is “the best interests of the child.” This means that any changes in circumstances could place either parent’s custody rights at jeopardy.  One of these events is an arrest or any sort of criminal charge. Today, we’re discussing how getting arrested could lead to change of custody changes or loss of parental rights. 

Safety Concerns Can Potentially Lead to Custody Changes

Criminal charges are no joke to the family law courts, and you could see yourself on the losing end of your custody battles. That said, not every arrest or charge is immediately relevant and there are certain factors that the courts consider. 

One of the main ones is: does the criminal activity or charge have any relation to the divorce or custody dispute itself? If so, then this paints a very bad picture for the family law courts. Other factors such as repeat arrests or history of criminal activity can also further push the court to weigh against you if new charges or arrests occur. 

Another key question is: what is the nature of the crime? Certain crimes are instantly considered markers for jeopardizing the safety and well-being of a child, even when they are not the victim or otherwise not related to the crime. These include:

• Aggravated assault
• Stalking
• Kidnapping
• Any crimes that are violent in nature
• Any crimes that are sexual in nature

Rely On Our Trusted Attorneys For All Your Custody Matters in CA

As you can expect, custody issues are delicate and sensitive matters even without the presence of criminal charges in the formula. Add those criminal variables and you could be looking at a drawn-out, difficult battle ahead.

To learn more about custody in CA, and to consult with our team of expert family law attorneys, know that you can reach out to us directly at The White Oak Law. Call our office today at 925-271-0999 to connect with our team of legal experts and learn more about what we do.