Will A Criminal Record Affect My Custodial Rights?

Family Law Lawyer Rockville MDIf you have a criminal record, you may be concerned that your past will prevent you from having custody over your child. This is a legitimate concern because child custody proceedings can be complicated and even well-meaning parents can become vindictive. Not to mention, some judges may have a hard time believing that it is in your child’s best interest to be around you if you have a criminal record. If you’re fearful of losing, not gaining, or suffering a reduction in custody because a jury found you guilty of a crime, speak with the best family law lawyer Rockville MD has to offer.

The Supreme Court held that courts can’t strip parents of their custodial rights without Due Process under the 14th Amendment. Therefore, child custody is your right unless extreme circumstances occur that conclude your involvement with your child is not in the child’s best interest. Family law judges will always consider the “best interest” standard above your personal desires.

When deciding what’s in a child’s best interest, a family law judge can consider:

  • Whether you have a history of violence
  • Whether you have a history of abuse or neglect towards any child
  • Whether a court has convicted you of child abuse or child neglect
  • Whether you must register as a sex offender
  • Whether you have a history of substance use disorder
  • Whether you have a history of mental health disorder(s)
  • Whether you’re active in the child’s life
  • Whether you regularly meet scheduled visits with the child
  • Whether you regularly meet court-ordered child support payments, if applicable
  • Whether you voluntarily signed away your rights as a parent, and more.


As you can see, judges review several factors. Any criminal history, even if it was years ago, will be one of those factors. However, having a criminal record doesn’t mean that you’re a danger to your child. Hiring the skilled and reputable lawyers at The Law Office of Daniel J. Wright is a wise decision. Our team knows how to craft excellent arguments as to why you’re of fit and sound mind to be around your child and why keeping your child away from you is not in your child’s best interest.


How Can I Get My Children Out Of Foster Care?


If you want to get your child out of foster care, you’ll need to work with knowledgeable family law lawyers in Rockville MD who have experience handling such matters. The best way we can give you advice is if you contact us and tell us the unique circumstances of your hardship. Until then, there are some general tips that are essential for you to know.

  1. Making every or most scheduled visitation appointments shows your commitment to regaining custody and builds a relationship of trust between you and your child.
  2. Getting and maintaining a job shows your maturity and ability to provide for your child’s basic needs. It’s always preferable that you get a job that pays well and offers insurance packages that your child can benefit from, such as health, vision, and dental insurance.
  3. Attending rehabilitation for a substance use disorder shows your commitment to provide a safe, stable environment for your child.


For more information, call us at 301-655-8130, email djwrightesq@gmail.com, or fill out our contact form here.