Custody cases can be a very emotionally charged aspect of a divorce. However, when it comes to deciding the custody of a minor child who has pending criminal charges, things can get more complex. While there are separate courts for juvenile criminals that focus on providing rehabilitative care rather than punishment, it is important to know that the nature of the crime of the child can impact the custody matter.
For example, if the crime is severe or involves a degree of violence, both parents can be called in for an evaluation of their parenting skills. The court, while considering the severity of the crime, may also reprimand the parents of the juvenile minor and question their supervision of the child and why the child committed or is accused of committing a crime.
Negative Impact on Custody
In extreme cases, where the minor child has committed a serious or heinous crime, the court may remove the primary parent from the custody of the child, deeming them unfit for parenting. They could either appoint a guardian ad litem for the child or give primary custody to the noncustodial parent (if it is in the best interests of the child).
In cases where the crime is non-serious, the court may add restrictive measures to the custody, modifying it entirely to add more stringent supervision rules for the primary parent. For example, the parent may be legally compelled to join parent classes.