When you have a criminal record, this does not change how much you love your kids and want them to be a part of your life, even when their other parent tries to use your past against you. While having a record may add challenges, it doesn’t automatically take away your rights. Every case is different, and courts in Oklahoma still look at what is best for the child.
Below, our friends from Lai & Turner Law Firm PLLC discuss what it means to seek custody when you have a criminal record.
If you’re dealing with custody concerns while also facing criminal charges or past convictions, speaking with a felony lawyer can help you understand your position and build a plan. Family and divorce law often overlaps with criminal defense, and it’s important to approach both sides with clarity and preparation.
Courts Focus On The Child’s Best Interests
When it comes to custody cases and modifications to them, the well-being of the child or children involved is the court’s main goal. Judges will consider a range of factors, including the child’s safety, stability, and relationship with each parent. A criminal record does not immediately disqualify you, but the court will look closely at the nature of the charges, how recent they are, and whether they involved violence or harm to a child.
Nonviolent Records May Carry Less Weight
Not all convictions are treated the same in family court. A past record involving nonviolent offenses, such as property crimes or drug possession, may not impact custody as strongly—especially if you’ve shown progress since the conviction. The court may take into account whether you’ve completed probation, followed court orders, or sought treatment when needed.
Showing A Stable Living Situation Matters
One way to strengthen your case is by showing that your home is safe and stable. This includes having a steady income, a suitable living environment, and the ability to provide for your child’s needs. Judges want to see that you’re responsible and that your current situation supports the child’s growth, even if your past includes legal trouble.
Parental Involvement Plays A Key Role
Your relationship with your child also plays an important part in custody decisions. If you’ve been consistently involved—attending school events, following parenting schedules, and maintaining regular communication—the court may weigh that more heavily than your criminal record. We’ve seen courts prioritize active and engaged parents, even when their past includes legal issues.
Modifying Custody After A Record
Criminal convictions sometimes lead to losing or limited custody and/or supervised visitation. But circumstances change, and so can custody orders. If you’ve taken steps to improve your situation and your record is behind you, you may be able to ask the court for a modification. Providing documentation of your progress and parenting efforts can support your request.
Family and divorce law can intersect with criminal defense in ways that require thoughtful legal support. If you’re fighting for custody with a record, it’s important to take a clear and focused approach. With the right steps, it is possible to move forward and maintain a strong role in your child’s life.