Understanding the Impact of Criminal History on Custody Cases
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice law in Tulsa, Oklahoma, and I focus on fathers’ rights. Today, we’re continuing our series on parental fitness and the real-world factors judges look at when deciding custody, beyond just what’s written in the statutes. These are the things I talk about with clients all the time to help them improve their chances of getting custody.
Let’s talk about criminal history. This comes up often—fathers asking whether a past conviction will affect their custody case. The short answer is: yes, it can. And the more serious or recent the charge, the more impact it could have. Some guys come in with older charges—maybe 10 or even 20 years ago—and feel like it shouldn’t matter anymore. But here’s the reality: the court is weighing your stability and fitness to parent right now. If Mom has no record and you have a record with even just one serious conviction—especially something like domestic violence—that’s going to tip the scales against you.
Taking Positive Steps to Address Your Criminal Record
That doesn’t mean all hope is lost. What matters is how you’ve addressed it. Have you gone to counseling? Have you completed rehab if drugs or alcohol were involved? Are you now testing clean on your own—without being ordered to? Those things show the court that you recognize the issue and are taking active steps to fix it. If you’ve been convicted of a financial crime like check fraud, that won’t weigh as heavily as something violent or related to child safety—but any record still counts.
One thing I remind clients of: you may not think the conviction was fair or deserved. But in the judge’s eyes, a conviction is a conviction. That’s what’s on paper, and that’s what you’ll be judged on. It’s up to us to bring the context and show growth. In consultations, I’ll sometimes literally hold my hands out and say, “Let’s weigh this.” On one side: your past. On the other: what you’ve done to change.
Contact Us for a Low-Cost Consultation
If the final hearing is months away, you’ve got time to shift the balance. But that takes honest effort and smart planning—starting now. I hope this helps. We’ll keep digging into these custody factors in upcoming videos. I’m Tulsa child custody attorney Clint Hastings. Thanks for watching. Contact us for a low-cost consultation at 918-962-0900.
