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.