If you’ve faced criminal charges in Michigan, you may have had to worry about whether you’d need to spend time in jail or have significant fines to pay. Something you may not have considered, however, is how a criminal history could impact your parental rights.
In some instances, it may be possible for people with a criminal history to lose their parental rights, but you must have a conviction for very specific crimes. Learn more about how Michigan navigates these difficult cases and how an attorney can assist you in fighting for access to your children.
Understanding How Michigan Courts Decide Child Custody and Other Parental Rights Issues
In Michigan, the law requires family court judges to put the best interests of the child first for custody and other parental rights issues. The judge will have to assess whether the parent is able to provide a safe, nurturing, and stable environment.
They may ask a few key questions like these:
- Does this parent make decisions that prioritize their child’s well-being?
- Can this parent keep the child physically and emotionally safe?
- Will this parent offer consistent support and care?
Above all, the court will look at the child’s welfare. Having a criminal record does not immediately disqualify you from obtaining custody or keeping your parental rights, but it will be something that the court will consider carefully.
The Type of Crime Matters
Some crimes are more likely than others to prevent you from maintaining your parental rights. Misdemeanors rarely impact custody in this manner unless the criminal act puts the child in any kind of danger. Crimes like disorderly conduct, traffic violations, or minor possession charges will typically not play a significant role in the judge’s decision.
Being convicted of a felony can be a different matter. These are the crimes that carry more significant consequences and can include:
- Domestic abuse
- Violence against others
- Sexual offenses
- Drug manufacturing or trafficking
- Child endangerment
These are all crimes that could place the child in harm’s way or could actively involve the child. In particular, courts may give domestic violence cases and cases dealing with forms of violence against others more weight. Drug offenses may not appear to involve the child directly, but they could bring into question the parent’s ability to provide a safe environment.
In general, any crime that directly involves minors can impact your chances of maintaining parental rights significantly. The same is the case with sexual offenses.
Vitally, the judge will also look at whether the incident was an isolated one or part of a behavioral pattern. Isolated incidents may be treated more leniently than crimes that point to repeated issues with the law.
Convictions From Years Before and Their Impact on Parental Rights
It is less likely that you will lose your parental rights or custody of the child if the crime you were convicted of occurred years before. If you can demonstrate that you have made changes to your life and remained on the right side of the law since the conviction, the court may look at you in a more favorable light.
Taking steps to rehabilitate yourself can be essential when it comes to parental rights and custody battles. Some of the factors that the court might consider include:
- Completion of rehabilitation or counseling programs
- Focus on building strong community ties
- Completion of substance abuse treatment
- Maintenance of steady employment
You will need to show that you maintain a strong presence in your child’s life and that your current lifestyle choices prioritize your child’s well-being.
Protecting Your Parental Rights if You Have a Criminal Conviction
If you have a criminal conviction and you’re heading into court for custody concerns or other family law issues, you will need to take proactive steps.
Be Honest About Your Past
The judge in charge of your case will have all of the paperwork related to your conviction, but they won’t know the human story behind the crime. Be open and honest about what you were charged with, and take responsibility for your behavior. This is not the time to plead innocence.
Stay Calm
You can often expect the other parent to bring up your criminal history and try to make you out to be someone who’s unfit to be a parent. Reacting to those taunts will reflect poorly on you and help them accomplish what they wanted. Remain as calm as you can and focus only on what the judge requires from you.
Prove the Changes You’ve Made
It’s important to bring documentation of how you have turned your life around. Gather paperwork that proves you have a stable home for your child to visit, that you have a job, and that you’re involved in your child’s life. This can mean printing out emails, text messages, or other communications you have had with the other parent regarding your child.
It can be very helpful to have references from community members. If you go to religious services, ask the leader to write something for you. If you volunteer or attend 12-step programs, there are people there you can ask to vouch for the changes you have made.
Although character references are not the only thing that will be considered, they can carry significant weight if they show that you are making consistent efforts to improve.
Hire an Experienced Attorney
There is too much at stake to attempt to represent yourself if you have a criminal history. You need guidance from a family law attorney who can bring clarity to this complex situation. The other parent will likely have an attorney who will do everything possible to paint you in a negative light. You need assistance to do the opposite.
Speak With a Trusted Michigan Family Law Attorney Today
If you’re facing challenges to your parental rights because of your criminal history, there is no time to waste. At Gucciardo Family Law, we can help you understand your rights and put forward a strong case to show that the criminal conviction has no bearing on your relationship with your child. Contact our team to schedule a consultation today.
