Can I Get Custody of My Kids if I Have a Criminal Record?

 Posted on February 21, 2025 in Child Custody

Even under the best circumstances, determining child custody (the "allocation of parental responsibilities" in Illinois) can be difficult at best. If one parent has a criminal history, that may make the determination of parental responsibilities even more complex. A spouse who did not care about the other’s criminal history when they met may now try to use that history as a means of preventing the other parent from spending much time with the couple’s child.

Illinois courts care about the child’s best interests rather than penalizing a parent with a criminal record. This means that while a criminal history may be one factor the court will consider, it is far from the only factor, and it may not even be the most important factor. If you have a criminal record and want to know how it will affect the determination of parental responsibilities and parenting time, it is time to speak to a knowledgeable Will County, IL family law attorney.

When Can Criminal History Affect the Allocation of Parental Responsibilities?

Non-violent criminal convictions are much less likely to affect the allocation of parental responsibilities and parenting time than convictions for violent offenses. A conviction for a financial offense is less important in a custody decision than a conviction for abuse. Convictions for domestic violence, child abuse, assault, or any sexually related offenses (particularly if a child was involved) will definitely have an impact on the determination of parental responsibilities.

If the conviction is for drug or alcohol-related offenses, the judge will consider whether you are currently drug and alcohol-free and how much time has passed since the conviction.  A family court judge will look at how old any criminal conviction is. If you were convicted of a crime more than ten years ago and have been a model citizen since then, the conviction is less likely to be considered. If you are a repeat offender, the court may question whether you can provide a stable environment for your child.

Is Rehabilitation a Factor?

If you can show that you took steps to manage the underlying cause of your criminal conviction, the judge will look at you more favorably. As an example, if your conviction was for assault, but you took proactive steps once you served your time to go to anger management classes and counseling – and you have had no issues since – then the conviction is less of a factor than it might otherwise be. Regardless of the crime you were convicted for, if you have kept steady employment, avoided bad influences, built healthy relationships, and stayed away from drugs and alcohol, a strong case could be made for your future parenting abilities.

Why Was I Given Supervised Visitation?

If the judge is unsure whether you can provide a safe, stable environment for your child during parenting time, it may order supervised visitation, at least temporarily. This allows you to maintain a relationship with your child while also ensuring his or her safety. During supervised visits, a third party is present the entire time when you visit your child.

The third party could be a social worker or, in some cases, a grandparent or other family member that the court believes can be a neutral presence. These visits could happen at a visitation center or an area like a playground. If you are given supervised visitation, it does not necessarily have to be permanent. When you can show the court you are absolutely not a danger to your child, you could then have unsupervised parenting time.  

Contact a DuPage County, IL Parenting Responsibilities Lawyer

If you are worried that your criminal history could affect your ability to obtain parenting time, speaking to a highly skilled Naperville, IL parenting responsibilities attorney from Law Office of Ronald L. Hendrix, P.C. could be extremely beneficial. Attorney Hendrix holds a master’s degree in guidance and counseling in addition to his law degree and is a court-appointed mediator. Call 630-355-7776 to schedule your free consultation.