When you get divorced in Pennsylvania, one of your concerns is usually finding a good custody arrangement. If you have a criminal record, though, determining custody may sometimes be more complicated. At Marinaro Law, we understand that you want a custody arrangement that allows you to see your child, regardless of your criminal record.
Your particular situation usually determines whether you have physical or legal custody of your child. If you have physical custody, your child typically lives with you. Without this kind of custody, you may receive certain times to visit your child. If you receive legal custody, you usually can make decisions about your child’s health and education.
The nature of your criminal record generally determines whether you can have physical custody of your child. According to Livestrong.com, your child may be able to live with you if the crime you committed does not present a danger to him or her. If you were convicted of some type of fraud charge, you may still be able to have physical custody because the fraud did not put your child in direct harm. If you have been convicted of child molestation or abuse, though, you may not be able to have physical custody. This is because a court usually wants to establish a custody arrangement that will be in your child’s best interests.
If you are not able to have physical custody, you can typically still visit your child. If a court thinks that the nature of your crime might bring harm to your child, you may sometimes need to have supervised visits. In some situations, you might be able to have increased custody rights if you demonstrate that you are keeping your record clean. More information about this subject can be found on our webpage.