How a Criminal Record Affects Child Custody in Washington State

Criminal Convictions Can Affect Whether You Are Awarded Custody

A criminal conviction can raise concerns during child custody disputes. However, the impact isn't uniform. Judges focus on the child's best interests, and the specific circumstances surrounding your conviction play a crucial role in their assessment.

The Specifics Matter

Yes, a criminal record or conviction can impact your case outcome, but the details matter. Some of the factors surrounding the conviction that will be considered include:

• Recency. Recent convictions raise greater concerns about ongoing patterns of behavior. Older convictions, especially with a demonstrably reformed life, may be less impactful.
• The nature of the offense. As we will discuss in further detail later, a parent can be deemed unfit if they are abusive, neglectful, or a danger to their child. Thus, the court will consider the following:
  • The severity of the offense. Felonies, particularly violent crimes or those involving children, raise significant red flags. Misdemeanors, especially non-violent ones, may carry less weight.
  • Its relevance to parenting. Crimes directly impacting a parent's ability to care for a child (e.g., drug possession, neglect) hold more weight.
• Your current circumstances. Have you had time to rehabilitate and adjust to life after imprisonment? The court can consider your:
  • Stability. A stable job, residence, and positive social network demonstrate your ability to provide a secure environment for your child.
  • Rehabilitation efforts. Completing rehabilitation programs, counseling, or taking steps to address the underlying issues behind the crime shows a commitment to change.
• The victim(s) of the offense. If the victim was your child or another minor, it raises serious concerns about your fitness as a parent. Crimes against unrelated adults carry less weight depending, again, on the nature of the offense.
• Isolated incident versus a pattern. A one-time lapse in judgment, especially with demonstrably changed behavior, may be viewed less harshly than a history of repeated offenses.
• Sentencing requirements. Lengthy incarceration or probation can limit your ability to care for a child. The court can also consider how current probation or parole requirements can impact your parenting ability.

Factors Impacting the Child’s Best Interest

The court considers a multitude of factors when determining what the best interest of the child is. The following details some of the factors the court considers that may be impacted by a criminal conviction.

The child’s relationship with each parent. A parent's criminal conviction, particularly one resulting in lengthy incarceration, can significantly impact the parent-child relationship and complicate custody decisions. Incarceration can create a physical and emotional separation between parent and child. This can disrupt the crucial bond formed in a child's early years, leading to feelings of confusion, abandonment, and even anger. The longer the separation, the harder it can be to rebuild trust and closeness. Even if a parent was not incarcerated, the child may still have suffered emotionally if they had to witness a parent’s arrest or trial. While maintaining a relationship with both parents is generally considered ideal, prolonged incarceration raises concerns about the parent's ability to provide a safe and stable environment.

The court may consider supervised visitation initially or even limit contact if they believe the child's safety is at risk. Consistent communication during incarceration, participation in rehabilitation programs, and a demonstrably reformed life can work in the parent's favor. Evidence of a strong existing bond with the child and a plan for reintegration can also help influence the court.

The parent’s ability to care for the child. A conviction, especially one leading to incarceration, can significantly hinder a parent's ability to provide the daily care a child requires. Incarceration disrupts financial stability, making providing for a child's basic needs difficult. Additionally, the skills necessary for effective parenting, like setting routines and providing emotional support, can weaken during a long absence. The court prioritizes a child's well-being, and a parent's diminished capacity to provide for these necessities can influence the judge's decision.

Evidence of a plan to regain financial stability and re-establish parenting skills can help demonstrate the parent's commitment to fulfilling their role, but the court will ultimately weigh their parenting ability against the needs of the child.

The physical, emotional, and mental health of each parent. The court prioritizes a stable and nurturing environment for the child. A parent struggling with the stress of the legal process, the mental effects of incarceration, or other issues may have difficulty providing the emotional support and consistent care a child needs to thrive.

It is important that you remember these are just some of the factors the court will consider. They also examine the wishes of the parents, the child’s relationship with other family and household members, the wishes of the child (depending on their age and maturity), each parent’s past level of responsibility in raising the child, and each parent’s future ability to care for the child. Whenever possible, the court prioritizes keeping both parents involved in their child’s life.

What Constitutes an Unfit Parent in Washington State?

A parent who is found to be unable to care for their child can be classified as unfit. Parents can be deemed unfit for a variety of reasons, including having a history of abuse, neglect, mental illness, or other circumstances that endanger the child’s safety or impact the parent’s ability to meet their child’s emotional or physical needs.

In cases where a parent has been convicted of a violent offense, sex offense, domestic violence charge, or neglect, the court may consider deeming you unfit and preventing you from obtaining unsupervised visitation or custody in general. The court will also pay particular attention to drug-related offenses because, as we mentioned, a pattern of similar charges can speak to parental fitness and struggles.

To learn more, read our blog, “What Makes a Parent Unfit for Custody in Washington?”

If you have a criminal record, you should be honest with your attorney about that fact and share the specifics of the charges. A qualified family law attorney can provide specific guidance based on your unique situation.

A Criminal Record Does Not Doom Your Custody Case

If you are worried about the impact of your criminal history on the outcome of your case, our attorneys will be honest and transparent with you while working to help you achieve a favorable outcome. Schedule an initial consultation.