Drug Felony & Child Custody

When determining child custody, the court’s primary concern is always the best interests of the child. If one parent has a felony drug conviction, it doesn’t automatically disqualify them from obtaining custody or visitation rights, but it can significantly impact the court’s decision.

Here’s what you need to know if you or someone you know is a convicted drug felon seeking custody or visitation rights.

Key Factors Courts Consider in Custody Cases

Child custody decisions are made based on various factors to determine what arrangement will best serve the child’s needs. These include:

The Child’s Safety and Well-Being

• A felony drug conviction may raise concerns about the parent’s ability to provide a safe and stable environment.
• The court will assess whether the parent has a history of substance abuse or criminal activity that could endanger the child.

Parental Rehabilitation

• Evidence of rehabilitation, such as completing drug treatment programs or maintaining sobriety, can work in the parent’s favor.
• The court will consider whether the parent has demonstrated a long-term commitment to recovery.

The Parent-Child Relationship

• The quality of the relationship between the parent and child is a critical factor.
• If the parent has maintained a strong, positive bond with the child despite past challenges, the court may be more open to awarding custody or visitation.

The Child’s Preferences

• Depending on the child’s age and maturity, their preferences may be taken into account.
• A child’s comfort and trust in a parent with a drug conviction could influence the court’s decision.

Criminal History Beyond the Drug Conviction

• A history of violent crimes or repeated offenses may weigh heavily against the parent.
• Isolated incidents, especially those followed by demonstrated rehabilitation, may carry less weight.

Types of Custody a Convicted Drug Felon May Receive

Sole Custody:

• It is unlikely for a parent with a recent or severe drug felony conviction to receive sole custody.
• Sole custody is usually awarded to the parent who can provide the most stable and safe environment.

Joint Custody:

• Joint custody may be possible if the convicted parent demonstrates rehabilitation and the ability to co-parent effectively.

Supervised Visitation:

• If the court has concerns about the convicted parent’s behavior or environment, they may allow only supervised visitation.
• This ensures the child’s safety while allowing the parent to maintain a relationship with the child.

Unsupervised Visitation:

• Unsupervised visitation may be granted if the convicted parent proves they are no longer a risk to the child.

How Rehabilitation Impacts Custody Decisions

Demonstrating rehabilitation is critical for parents with a felony drug conviction. Courts look for evidence such as:

• Completion of drug treatment or rehabilitation programs.
• Proof of long-term sobriety, often supported by drug testing.
• Stable employment and housing.
• Positive character references from employers, therapists, or community members.
• Active involvement in the child’s life, such as attending school events or providing financial support.

Potential Challenges for a Convicted Drug Felon

Bias or Stigma:

• Courts may view a parent’s drug conviction negatively, even if rehabilitation has occurred.
• It’s crucial to present evidence of change and stability.

Opposing Parent’s Argument:

• The other parent may argue that the convicted parent’s history poses a risk to the child.
• Legal representation can help counter such claims with proof of rehabilitation.

Additional Legal Restrictions:

• In some states, a felony conviction may come with legal restrictions that complicate custody arrangements, such as limited parental rights or travel restrictions.

Steps a Convicted Drug Felon Can Take to Seek Custody

Hire an Experienced Family Law Attorney:

• A SMITH | ASHCRAFT attorney can help present your case effectively and counter arguments against your custody rights.

Show Proof of Rehabilitation:

• Gather documentation of completed treatment programs, counseling, and sobriety.

Build a Support Network:

• Having a strong support system, including family, friends, or counselors, demonstrates stability.

Focus on the Child’s Needs:

• Show that you prioritize the child’s well-being and are committed to providing a safe, nurturing environment.

Request a Custody Evaluation:

• An impartial custody evaluator can provide the court with a professional assessment of your fitness as a parent.

Conclusion

While a felony drug conviction can pose challenges in a custody case, it does not automatically disqualify a parent from gaining custody or visitation rights. Courts recognize the potential for rehabilitation and are willing to consider evidence of change. If you’re a convicted drug felon seeking custody of your child, it’s essential to demonstrate your commitment to recovery and focus on proving that you can provide a stable, loving environment.

Need Help with a Custody Case?

Navigating the legal system as a parent with a felony conviction can be complex. Our experienced family law attorneys are here to guide you every step of the way, ensuring your voice is heard and your rights are protected.

Contact us today for a confidential consultation.