Obtaining child custody after a domestic violence conviction

| May 25, 2021 | Child Custody

The state of Colorado generally prefers that parents share custody of their children after a separation or divorce. However, this may not be possible if there is reason to believe that a child could be in danger while in your presence. If you are convicted of domestic violence, a judge may have concerns about your fitness as a parent.

What were the details of the case?

If your son or daughter was present when you committed an act of domestic violence, it’s unlikely that you’ll be granted full custody rights to that minor. The same is generally true if your child was the one who was the target of your attack. However, if your child was elsewhere when you harmed another person, it may be possible to argue that he or she wasn’t traumatized by the event. Therefore, your attorney might argue that there is still a relatively strong bond between yourself and your child.

What were the circumstances of your conviction?

A judge may be willing to give you custody of your kids if you plead guilty to a domestic violence charge to spare them the agony of a prolonged trial. This might also be the case if your conviction was based on questionable testimony or other questionable evidence.

Have you been rehabilitated?

You may increase your odds of obtaining a favorable child custody ruling if you have taken steps to overcome your negative past. Therefore, it may be in your best interest to show proof that you have taken anger management, parenting or other types of classes since the conviction took place. It may also be a good idea to show proof that you have sought help for a substance abuse problem if that caused you to treat others improperly.

If you are interested in obtaining parental rights to your children, it may be worthwhile to talk to an attorney. He or she might be able to help you obtain custody of your children despite the presence of a prior criminal record.