Your visitation and child custody rights can be affected in Mississippi if you have a past felony record. Depending on the nature of the crime and the circumstances surrounding it, a judge may determine whether you can get custody of your child or visitation with him or her. No matter what, the judge will always base his or her decision on what’s in the child’s best interests.
What kind of felonies can prevent child custody and visitation?
If you have previously been convicted of a felony, it could negatively impact your ability to gain custody of your child and enjoy visitation rights. Custodial rights may be lost altogether. In some cases, you might be allowed visitation, but it would be either very sporadic or limited to supervised visits. Having a felony record can be devastating when you want child custody or visitation with your child.
The felonies that can prevent child custody include:
• Aggravated assault
• Sex crimes
Is there a difference if you are charged versus convicted of a felony?
When it comes to matters like child custody and visitation, there is definitely a difference between being charged with a crime versus actually receiving a felony conviction. If you are charged with a crime, that doesn’t necessarily mean you will be found guilty or be convicted. Having a conviction, on the other hand, clearly means you’ve been found guilty of committing the crime.
As a result, if you have merely been charged but not convicted, the court will take that into consideration. However, your child’s other parent can file a temporary custody or emergency custody order while your case is ongoing.
An attorney can help you if you want custody and visitation. He or she can ensure that your rights are protected every step of the way.