How a Criminal Record Affects Child Custody in Illinois

Child custody is complicated, as judges and courts want to ensure that children still receive the best lives possible when a divorce happens. To guarantee this, they deliberate over parental responsibilities, parenting time, and many factors to consider, such as criminal convictions. Read on to learn how exactly a criminal record affects child custody in Illinois.

How Custody Normally Works

Traditionally, custody works so that while the couple may not want to be together anymore, they remain amicable for the child. Even in cases with no amicability, judges and lawyers can help create Joint Parenting Agreements that allow both parents equal ability to be there for the child and give them the best life possible. However, other factors can come into the mix that complicates matters, such as a parent’s living situation, income, and criminal history.

Judge’s Consideration of Factors

In cases where the couple cannot come to a mutual agreement over their parenting plan, they will need to go to a family court that will consider all factors, including criminal histories. Criminal records make it difficult to do a lot of things, including getting custody of children. However, this does not mean the judge can't award parenting time or responsibilities. Judges consider several factors, such as:

• How old the conviction is
• If you are a repeat offender
• The nature of the conviction

For example, a non-violent offense from over a decade ago is less likely to affect the allocation of parental responsibilities than a habitual history of violence and abuse.