Did you know that 90% of parents settle their child custody cases without a judge’s ruling? However, if you’re dealing with criminal law issues such as a domestic violence charge, drug or possession charge, or even an actual conviction, those odds are likely not in your favor. In order to best prepare yourself for a custody hearing or even a criminal case, you’ll want to be equipped with the best criminal defense attorney.
The Cassell Firm has defended those charged with everything from murder and drug trafficking offenses to theft and vandalism. We understand that your family is important to you and each case is unique and deserving of the same attention and care that we would give to our own families. When you are dealing with sensitive and personal family matters you will want a Nashville Lawyer that will be aggressive when needed, look out for your interests, and keep the preservation and future of your family in mind.
Here’s how a criminal case can affect your custody:
- Determining “Best Interest”
- Charges vs. Convictions
- Domestic Violence
- Receive Professional Legal Assistance with The Cassell Firm
Determining “Best Interest”
When it comes to the best interest of your child, criminal allegations can have a direct impact on the court’s decision in a child custody hearing. In deciding child custody and visitation cases, courts apply the “Best Interest” standard. As part of determining what is best for the child, the court can often consider the criminal history of both parents and any other relevant factors. The criminal history of the parent can also affect his or her moral character as defined by the court.
In addition to considering both parents’ character and criminal history, the best interest of the child test typically takes into account a number of other relevant factors. This may include some of the following:
- Looking at the age of the child
- Looking at the relationship between the parents
- Looking at the relationship between the child & each parent
- Looking at the current situation of the child
- Looking at whether there are any siblings involved
- And so much more…
Charges vs. Convictions
The difference between being charged with something and being convicted is significant. Having been charged with a crime does not mean that the person has committed it. During a child custody case involving a parent who has been charged with a crime, your criminal defense or custody attorney may argue that the charge is not evidence of the parent’s character due to the absence of conviction. It is more likely that the court will take a charge less seriously than a conviction. Though, the court may take into consideration the nature, severity, and relevance of the charge to child custody situations.
Domestic violence crimes are particularly relevant when determining child custody. If you or your ex-partner are dealing with a domestic violence charge or conviction, you may have issues regarding your child custody case. There are several states that have a domestic violence presumption in which the judge may presume it is not in the best interest of the child to grant the abusive parent custody or visitation. In particular, this applies when the violence is directed at a child.
In cases of domestic violence, the court will want to know who the victim was. When a family member is involved in a crime, the judge may restrict the parent’s right to custody or visitation. There are some cases in which criminal and domestic violence convictions can result in a person’s parental rights being terminated. Depending on your unique case, your domestic violence attorney can ensure you get the legal guidance you deserve.
Receive Professional Legal Assistance with The Cassell Firm
Work with experienced Nashville lawyers dedicated to defending your rights! Based in Nashville and middle Tennessee, The Cassell Firm attorneys are focused on protecting the rights of their clients in Criminal Defense cases, fighting for fair treatment in the Family and Divorce context, and helping individuals secure the American dream in Immigration matters.
These Nashville Attorneys have a reputation for taking on even the most complicated cases. They will work tirelessly to help you resolve your Immigration Status, Criminal Defense, or Family Law concerns in Nashville so you can move forward with your life without the stress of unanswered questions.