Criminal Conviction

Hello, my name is Brian L. Jackson. I’m a Tulsa father’s rights attorney here with Dads.Law where fathers are not disposable. I want to talk to you guys today about what are the consequences of having a criminal conviction to child custody. And in this case I’m assuming you already have the order and you’ve taken a new criminal conviction for something.

What are some of the potential consequences? Well, depending on the situation it could be considered a material change in circumstances that could justify a change in custody. It depends on, to some extent, on what was the crime you were convicted of and was the child involved.

Some of the stuff that would definitely affect you is anything related to substance abuse, like for example a possession charge, maybe even a simple possession charge. Distribution, trafficking, stuff like that, definitely. Anything to do with child abuse, definitely. Anything to do with domestic violence, definitely. I would also say things like DUI probably will. But then there’s some gray areas.

Gray Areas and Considerations

Let’s say that it was something non-violent, stealing. Is that going to affect your custody order? And the answer is it could or not. Is it a change in circumstances? Well, yes, and it certainly has some bearing on your character. Theft is considered a crime of dishonesty. But assume that you got busted for shoplifting and the kid was nowhere to be seen. How much weight does that carry with the court?

Some, but probably not enough that by itself the court is going to change custody. Assuming it’s not a pattern of behavior, assuming you didn’t involve the kid, assuming you didn’t do something violent, etc. The stuff that the courts typically are going to focus on other than the mandatory considerations under Title 43, which are things like child abuse, domestic violence, sexual crimes, then it’s going to depend to some extent on the particulars of the situation.

Because, I mean, if it’s not something that your child was involved with, it doesn’t create an immediate implication of a safety threat, it’s relevant, but probably you’re not looking at it like having your rights seriously constrained, unless it’s because you’re a habitual offender. I mean, if your side hustle is your steal, then eventually that might catch up to you, but as a general rule, a petty larceny probably isn’t going to cost you custody. Although, I certainly wouldn’t want to be in that situation, nor do I recommend that behavior because it is illegal and you can go to jail. But, I wouldn’t panic about that as being an automatic death sentence to you having equal time with your kid.

Get Legal Advice at Dads.Law

Guys, if you have questions about that, or if you just picked up a criminal conviction and you’re looking down the barrel of a motion to modify, you need legal advice. And one place you can get legal advice is at Dads.Law, where fathers are not disposable.