When going through a divorce, it is natural to wonder how your spouse’s criminal past may impact the proceedings. While each divorce case in Illinois is undoubtedly unique and the outcome is dependent on various factors, your spouse’s criminal history can have some influence on the divorce process. If your soon-to-be ex-spouse has a criminal past, consult a divorce attorney to ensure you can get the best outcome possible.
Can a Criminal Record Impact Child Custody?
One of the most significant ways a spouse’s criminal past can affect a divorce is in child custody or visitation arrangements. Because the court’s most important concern when it comes to custody and visitation is what is best for the child, a parent’s criminal record may seriously affect those arrangements. For example, suppose a parent has a criminal record involving a violent or drug-related offense. In the court’s eyes, such a parent may be deemed unfit to be a safe parent who can be left alone with a child. Additionally, the court will weigh the chances of criminal behavior happening in the future when determining custody and visitation rights.