Does Having a Previous Felony in Fort Pierce Affect My Chances in My Child Custody Case?
Are you a parent embroiled in a custody dispute in Fort Pierce or elsewhere in St. Lucie County? If you or your co-parent has a previous felony conviction, you may be wondering if that fact will have an impact on the custody case. The short answer is “yes.” A felony record can affect custody in Florida, but it is by no means an automatic bar to equal custody rights.
Our Fort Pierce child custody attorney explains the key points to know about felonies and custody rights in Florida.
Know the Law: Florida is a Best Interests of the Child State for Custody
In custody and visitation cases in Florida, the best interests of the child receive top priority. In other words, state law (Florida Statutes § 61.13) requires courts to make custody decisions with consideration of what would be in the best interests of the child. In doing so, St. Lucie County courts are instructed to evaluate a variety of factors to determine what custody arrangement will most benefit the child’s health, safety, and emotional well-being. These factors include the child’s relationship with each parent, the ability of each parent to provide a stable home environment, and each parent’s moral fitness. A parent’s criminal history—especially any felony convictions—may be considered in this evaluation. However, it is only one of many elements.
Some Form of Shared Custody is Presumed to Be Best for the Child
Shared custody is usually awarded in Florida, unless there is a strong reason why sole custody is best for the child’s health, safety, and well-being. Indeed, Florida law favors shared parental responsibility, meaning both parents are expected to remain actively involved in the child’s life unless there is evidence that shared custody would harm the child. The presumption reflects the belief that children benefit most when they have a meaningful relationship with both parents. Even if a parent has a criminal record, that alone does not automatically disqualify them from custody. Quite the contrary, the court will examine whether the parent is currently fit, has rehabilitated, and is capable of acting in the child’s best interests.
A Felony Record Can Have an Adverse Impact on Custody (But Not Always)
While a felony conviction does not automatically strip a parent of custody rights, it can be a significant factor in the court’s decision. That is especially true if the conviction involves violence, abuse, drug trafficking, or other conduct that could put the child at risk. Judges will closely examine the nature of the offense, how much time has passed since the conviction, whether the parent has successfully completed probation or rehabilitation, and whether there is evidence of continued criminal activity. On the other hand, a non-violent felony from years ago may have little or no negative impact on the case if the parent can demonstrate a history of responsible parenting.
Speak to Our Fort Pierce, FL, Child Custody Attorney Today
At The Law Office of Denise Miller, PA, our Fort Pierce child custody attorney has the knowledge, skills, and family law experience that you can trust. If you have any questions about custody and a felony criminal record, we can help. Call us now or contact us online for a confidential case review. We represent parents in Fort Pierce and throughout St. Lucie County.
