It is highly likely that visitation rights will be impacted if a person goes through a trial and is convicted of a crime that they committed. Decisions regarding visitation rights and whether or not a parent will be able to retain them is determined on a case by case basis. Courts will take into account the specifics of the case and the crime that was committed.
Stability in the life of a child is important to their growth and development, the court will try to uphold this. Removing a parent from the life of a child, could have a devastating impact to their well-being. As a result, it is unlikely that the court’s will make a change that will not be in the best interest of the child. Visitation changes could be made or even revoked immediately until the court is able to review the case if a person committed a crime that was violent such as, rape of a child, murder, or drug crimes. The court will be in support of both parents having a relationship with their child. In some situations, they may appoint a person to supervise parent child contact if it is decided that the parent shouldn’t be alone with their child.
Working with the Courts
The court’s may determine that visitation restrictions should be placed on parent child contact if a parent receives a criminal conviction. Depending on the crime that was committed, the court may make various arrangements in order to support the parent in seeing their child. When a parent has been convicted of a DUI and their license was revoked, arrangements may be made by the courts around who will drive the child to and from visits. In some situations, if the parent was convicted of drug charges, they may have to receive supervised visits or visit with their child in a public space. If the parent has been convicted of several crimes and has spent a lot of time in jail, you can be certain that your visitation rights will be impacted when the court is making a determination. They will be looking for a child to be placed in an environment that is stable and in the best interest of the child, spending time in prison will impact a parent’s ability to provide this.
If you are concerned with the impact a conviction may have on your visitation rights, consulting with child custody attorney Phoenix AZ can count on can prove to be helpful. With their assistance, you can be rest assured that they will be able to lead you through the complexities of the legal process and strategize the best way to be awarded a visitation plan that you are hoping for. Always be sure to share all necessary information with your attorney, being as honest as possible so that they can best help your case.
Thanks to our contributors from Hildebrand Law for their insight into visitation rights following a criminal conviction.