New Jersey Criminal Lawyers Blog
One collateral consequence of being charged with a crime is the impact those charges can have on child custody agreements. Such charges, even if they don’t result in a conviction and are eventually dropped, can influence a Family Court Judge’s decision.
Family court judges consider the impact criminal charges and the respective surrounding circumstances may have on both the child’s safety and stability when ruling on custody matters. In New Jersey, courts will consider the nature and severity of the criminal charges, the identity of the victim, how recent the crime was, if it is part of a pattern of criminal activity, and any rehabilitation programs the accused may have completed, in addition to other relevant factors and circumstances.
Violent crimes will have a more serious impact on custodial rights than non-violent crimes. Crimes directed at or involving the child or committed within the household would raise immediate concern.
Charges relating to an isolated or older offense may have less impact than charges of more recent activity. When there is a history of repeat offenses, it indicates to the court that there is a disregard of the law and court orders. On the other hand, successful completion of court-ordered rehabilitation programs, such as anger management, drug treatment, or counseling, tells the court there is the potential for rehabilitation.
The charges can impact a Court’s decision on parenting time/visitation, custody, and could result in significant restrictions. An experienced criminal defense attorney can help advocate on your behalf and protect your rights under such circumstances.