Will a Criminal Charge Impact My Ability to Retain Custody of My Child?

If you were recently charged with a crime, there will likely be a number of thoughts going through your mind. In addition to being worried about whether or not you will have to face significant consequences to the crime you have committed, you will probably be worried about your children. One of the most common questions asked by parents entangled within the criminal court system is how custody of their children will be impacted if they are convicted of a crime. This can be highly emotional as you have a lot to lose, a criminal defense attorney will be beneficial in legally strategizing so that you obtain the best outcome based on your situation.

Will Child Protective Services Get Involved?

This is likely to depend on the crime you committed and whether or not your involvement puts your child’s safety at risk. In addition to this, police may look for signs that your child has been neglected or abused. When child protection receives a call of concern for a child’s safety, they will investigate the concern and determine if further intervention is required. If you are arrested and there is no immediate family to take care of your child, there is a possibility that the state will place your child in foster care. This can be a fairly complex situation for a person to navigate on their own, working with an attorney will be important in ensuring that you have a solid legal defense strategy in place.  

Was the Child Present?

Many people forget to consider what happens to a child when their parent is arrested in their presence. One significant factor to child custody cases is the severity of the crime you are accused of and whether the child was present. If a parent assaulted another person or obtained a DUI with their child, the child could be at risk for out of home placement. If your actions also put the child at risk of being harmed, custody could be awarded to another parent or in some cases, child protective services. When a child is present, the police may call child protective services to take temporary custody. This is contingent upon whether the child’s other parent has the ability to safely care for them. In most states, the police do not have to call child protective services unless there are signs of neglect or abuse.

Reasons for a Criminal Defense Attorney

A lot can be riding on a criminal charge, especially if you have children to take care of. The consequences for a conviction may have a significant impact on not only you, but your child. Making sure that you have acquired a reckless driving lawyer Fairfax, VA trusts to represent you will be important in ensuring that the outcome you obtain is as favorable as it can possibly be:

  • Criminal defense attorneys can legally strategize your case from day one
  • They will review the details of your case to determine if law enforcement made any errors during your arrest
  • An attorney will make sure that your rights were not violated in any way
  • They will represent you not only in the courtroom but during exchanges you have with law enforcement
  • Negotiate a plea deal if it is in your best interest to do so

The criminal process can be terrifying, especially when there is so much at stake. The last thing you want is the custody of your child to be impacted as the result of a charge you picked up. Contact a criminal defense attorney as soon as possible as they will be able to advise you based on your specific situation.



Thank you to our contributor Dave Albo – Attorney for his insight into criminal charges.