Can you be limited or denied Child Custody and Visitation rights for having a misdemeanor charge?

I have a question concerning a child custody issue since my husband and I will soon be getting divorced. I work long hours away from home and he works at home. I’m worried that he may be more likely to be awarded custody of our child. However, he was recently in trouble with the law due to his public drunkenness. Is he still more likely to obtain custody than me?

Answers (1)

The courts will carefully evaluate all aspects of your family situation regarding child custody. Courts always try to act in whatever way they can to respect the best interests of the child.

You should hire a lawyer who can help you make the court fully aware of your family circumstances and your concerns about your husband having custody of your child.

Hopefully, you will at least be awarded temporary child custody until a final custody order can be entered as part of your divorce. You are likely to be advised to secure the help of a qualified child caregiver if you child is too young to attend school due to your extended work days.

If you can properly document your husband’s recent problems with substance abuse and the law, it’s possible he will only be allowed supervised visitation with your child.

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