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Dealing with legal matters can be emotionally challenging, especially when it affects something as sensitive as child custody decisions. When criminal convictions are involved, it adds an additional layer of complexity to the situation.

Our team of Colorado Springs family law lawyers at The Law Office of Andrew Bryant understands the conflicting emotions you may be experiencing and is here to provide you with the guidance and support you need during this difficult time. With our extensive experience in handling custody cases involving complicating factors like criminal convictions, we are committed to advocating for your rights and working toward a fair and just child custody outcome.

If you are facing child custody issues related to criminal convictions, don’t hesitate to contact our Colorado Springs family attorneys for compassionate and knowledgeable legal assistance.

Best Interests of the Child Standard in Colorado

Colorado courts evaluate child custody based on what serves the child’s best interests (per C.R.S. § 14-10-124). When determining child custody, several key factors are considered:

• The child’s safety and emotional needs
• The ability of each parent to provide a stable home
• The relationship between the parent and child

However, a criminal conviction does not automatically bar you from custody, but it may raise concerns about parenting ability, judgment, or safety. The nature, severity, and recency of the offense will all influence how much weight the court gives to your record.  Whether or not the child was a victim or a witness to the charges will also weigh heavily on the court’s thinking.

Types of Criminal Charges That Raise Red Flags in Custody Cases

While not all convictions carry the same weight, some criminal charges raise red flags in custody cases. This is not an exhaustive list, but the following types of criminal charges are often seen as particularly concerning in child custody cases:

• Violent offenses: Assault, domestic violence, or any crime involving injury to others.
• Sex-related crimes: Particularly those involving minors or any element of sexual exploitation.
• Drug offenses: Active substance abuse or distribution charges may suggest instability or endangerment.
• Child abuse or neglect: Past allegations, even without a conviction, may impact custody hearings.
• Repeated criminal behavior: A pattern of arrests or convictions may indicate ongoing risk to the child’s well-being.

However, a single, non-violent conviction (especially from years ago) may carry less impact—particularly with a demonstrated history of rehabilitation.

Can a Parent Lose Custody Because of a Criminal Charge Alone?

Being charged with a crime is not the same as being convicted, but it can still influence temporary custody decisions. Courts often act cautiously when a pending charge raises safety concerns. If the charge involves the other parent or child, a judge may issue temporary protective orders that limit or suspend parenting time.

Our Colorado Springs child custody attorneys work quickly to address these concerns in court and protect your rights while your case is pending. In some cases, criminal charges may be used strategically in contentious custody battles—especially during divorce or separation.