What to Know About Criminal Charges and Parental Rights

When you’re dealing with a child custody case in Missouri, the last thing you want is a criminal charge hanging over your head. Whether it’s a recent arrest or a charge from years ago resurfacing, many parents find themselves asking a terrifying question:

“Am I going to lose custody of my child because of this?”

At KC Defense Counsel, we regularly represent clients whose criminal cases intersect with family law matters, especially custody disputes. While a criminal charge doesn’t automatically mean you’ll lose parental rights, it can have serious consequences if not handled properly.

Our expert and affordable Kansas City criminal defense lawyers near you can help you navigate the often confusing Missouri legal system.

WILL I LOSE CUSTODY JUST BECAUSE I WAS CHARGED WITH A CRIME?

No, but it can seriously complicate things. Missouri courts make child custody decisions based on the best interests of the child, and that includes evaluating each parent’s conduct, stability, and ability to provide a safe environment.

If you’ve been charged, not convicted, the court will consider:

The nature of the offense (violent vs. non-violent)
Whether the alleged crime involved a child
Your criminal history (if any)
Whether the charge shows a pattern of dangerous behavior
How the charge might affect your parenting time or decision-making ability

So while one misdemeanor from years ago may not move the needle, an active charge for something like domestic violence, drug possession, or child endangerment can absolutely impact your custody rights.

WHAT CHARGES ARE MOST LIKELY TO AFFECT CUSTODY?

Some charges carry more weight in family court than others. Here are common ones that judges take very seriously:

Domestic assault (especially if the other parent is the alleged victim)
Drug possession or distribution
Child endangerment or abuse
Sex crimes (including those not involving children)
Repeated DWIs or any charge showing impaired judgment
Weapon charges

Even if you’re not convicted, accusations alone can become leverage in a custody battle, particularly in high-conflict divorces or modifications.

CAN MY EX USE THIS CHARGE AGAINST ME IN COURT?

Absolutely — and they probably will. In heated custody disputes, criminal charges (even pending ones) are often introduced as “evidence” that the parent poses a risk. Family court judges don’t require the same level of proof as criminal courts, they’re allowed to weigh allegations, patterns, and character in their rulings.

Your ex might argue that:

You’re unfit to have unsupervised visitation
Your home environment is unsafe
You shouldn’t have joint legal custody or decision-making power

WHAT IF I’VE ALREADY LOST CUSTODY BECAUSE OF CRIMINAL CHARGES?

Even if a prior charge affected your custody order, not all hope is lost. Depending on your situation, you may be able to:

Modify the custody agreement later
Petition for increased visitation after charges are dropped or resolved
Provide proof of rehabilitation, compliance with court orders, or clean drug tests

Family courts are often open to second chances, especially if the parent takes meaningful steps to address the issue.

HOW KC DEFENSE COUNSEL CAN HELP YOUR CUSTODY CASE

We understand how criminal charges can upend every part of your life—including your role as a parent. When your criminal case and custody case collide, you need a legal team that can protect both.

Here’s how KC Defense Counsel can help:

Coordinate with your family law attorney to align strategy
Present mitigating evidence to show you are not a threat to your child
Fight for case dismissal or reduction of damaging charges
Prepare you to speak in court or give sworn statements
Seal or expunge past charges that might impact future custody battles

CALL THE EXPERT KANSAS CITY CRIMINAL DEFENSE ATTORNEYS AT KC DEFENSE COUNSEL

You’re not a bad parent for being charged with a crime. But you do need to take action before the court or your ex uses it against you.

Contact KC Defense Counsel today for a confidential case review. Our experienced and affordable Missouri criminal defense lawyers will work protect your rights, defend your record, and help you continue being the parent your child deserves.