Can I Get Custody of My Kids if I Have a Criminal History? 

 Posted on January 09, 2025 in Child Custody

Even in the best circumstances, figuring out custody of your child in a divorce is still a difficult experience. This is even more true if you have a criminal history. Your spouse may not have cared about your criminal history when you first met, but may try to use it against you. Likewise, you may also wonder if an active criminal case will affect the child custody process.

Thankfully, Illinois law takes a careful approach to these cases, focusing on the best interests of the child rather than strictly penalizing a parent for their criminal record. An experienced Illinois family law attorney with The Law Office of Nicholas W. Richardson, P.C. can help you navigate this process and build a case for custody, even with a criminal history.

How Does a Criminal Record Impact Custody Decisions?

Illinois Courts make custody decisions based on the best interests of the child. While a criminal history is a factor the Court may consider, it is not the sole or necessarily even the most important factor. The Court will evaluate the nature of the offenses, how long ago they occurred, and whether they directly impact your ability to be a good parent. For example:

• Nonviolent Offenses: A conviction for a nonviolent crime, such as a financial or property-related offense, will probably be less important in custody decisions than a history of violence or abuse.

• Violent Crimes or Domestic Abuse: A history of domestic violence, child abuse, or other violent crimes will likely raise concerns about the safety and well-being of the child.

• Substance Abuse-Related Convictions: Past drug or alcohol-related offenses may lead the court to question whether substance use could impact your parenting abilities.

The Court will consider whether you have taken steps to help improve your life, such as attending counseling, completing treatment programs, or keeping a clean record for a long time.

What Should I Do if I Have a Criminal Record? 

Rehabilitation – the process that helps people who have committed a crime get back to society by managing the underlying causes of their crime – plays a big role in determining whether a parent with a criminal history can gain custody.

The Court will evaluate your present behavior and efforts to improve. Showing that you have fixed past issues can help convince the court that you are capable of providing a safe, stable environment for your child.

Keeping a steady job, staying away from heavy drug or alcohol use, and showing that you have healthy relationships with other people around you will all help you make a strong case before a Judge that you can be a good parent. If you have gone to any rehab programs, including therapy, or successfully completed probation, proof of this can also help your case.

Will I Have Supervised Visitation?

In some cases, the Court may order supervised visitation to ensure the child’s safety while allowing you to maintain a relationship with the child. These arrangements can improve over time if you show ongoing positive changes.

The good news is that Illinois Courts want to keep both parents involved in a child’s life whenever possible. If you are serious and motivated about staying in your child’s life, and you have a good attorney helping your cause, you may have a good chance of getting visitation.

Call a Hoffman Estates, IL Child Custody Lawyer

Whether you are a parent with a criminal record navigating divorce or custody proceedings, you need to know how these factors can potentially influence your outcome. Call The Law Office of Nicholas W. Richardson, P.C. at 847.873.6741 to get the answers and representation you need during this tough time from our Palatine, IL family lawyer.