The Impact of a Criminal Record on Custody Decisions

Custody

Jan 9, 2026 | Content

The impact of a criminal record on custody decisions can be significant, depending on the nature of the conviction and the parent’s current circumstances. When parents separate or divorce, judges must always prioritize the child’s best interests while also considering each parent’s background and ability to provide a safe environment.

At the Atlanta Divorce Law Group, we understand that parents make mistakes and can grow from them. Our experienced attorneys can help you explain your past, highlight your rehabilitation, and demonstrate that you can meet your children’s emotional and physical needs.

How Do Georgia Family Courts View a Parent’s Criminal Record?

When judges determine custody, a parent’s criminal background can influence the court’s decision, as the child’s best interests are the priority. The focus is not on punishing a parent for past mistakes but on ensuring the child’s safety and stability.

Under the Official Code of Georgia Annotated § 19-9-3, courts evaluate factors such as each parent’s emotional bond with the child, home environment, and ability to provide care. A criminal record alone does not bar a parent from custody. Judges consider the type of offense, how long ago it occurred, and whether it involved violence or endangerment. If your history includes criminal charges, our attorneys can help you show evidence of rehabilitation to demonstrate that you can provide a safe and nurturing home for your child.

When a Criminal Record May Limit Custody or Visitation

A parent’s previous convictions can affect how a judge decides custody, especially if the offense raises concerns about a child’s safety. Georgia courts focus on protecting the child, so restrictions are only applied when necessary.

Serious charges such as domestic violence, substance abuse, or child neglect can lead to limits, including supervised visits or counseling requirements before unsupervised time is restored.

If your past includes these issues, showing the court that you have completed treatment or maintained stability can help rebuild trust. Our attorneys can guide you in presenting this progress clearly and persuasively.

Contact an Attorney About the Impact of a Criminal Background on Custody Outcomes

Having a criminal record does not mean you cannot be a devoted parent. What matters most is showing the court that you can meet your child’s needs and maintain their safety.

The Atlanta Divorce Law Group can help you understand the impact of a criminal record on custody decisions and guide you through every step of your case. Contact our team today to learn how we can protect your parental rights and help you move forward with confidence.

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The Impact of a Criminal Record on Custody Decisions

How Do Georgia Family Courts View a Parent’s Criminal Record?

When a Criminal Record May Limit Custody or Visitation

Contact an Attorney About the Impact of a Criminal Background on Custody Outcomes

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