Criminal Charges and Custody: What Parents Need to Know
If you’re a parent facing a criminal charge — or the other parent has been charged with something serious — it’s normal to worry about how it will affect your custody or visitation rights.
South Carolina family courts, including Lexington County, focus on one thing above all else:
the safety and well-being of the child.
This means criminal charges can affect custody and visitation, but the impact depends on the type of charge, the evidence, and the child’s overall safety.
Not All Criminal Charges Affect Custody the Same Way
Judges look at the nature of the charge before making any decisions. Some have little impact. Others can drastically change parenting time.
Criminal Charges That Most Often Impact Custody:
- Domestic violence
- DUI or drug-related arrests (especially with the child present)
- Child endangerment or neglect
- Sex-related offenses
- Assault or violent crimes
- Weapon charges
These raise immediate concerns about safety, stability, and judgment.
Criminal Charges That May Have Limited Impact:
- Minor traffic offenses
- Nonviolent misdemeanors
- Old or dismissed charges
- Isolated incidents with no child involvement
Even then, judges still look at patterns and context.
How Lexington Judges Evaluate the Situation
When a parent has been charged with a crime, the court will consider factors like:
- Was the child present during the incident?
- Is there a risk of harm or instability?
- Was substance use involved?
- How recent is the charge?
- Is there a pattern of unsafe behavior?
- What does the evidence show, not just the accusation?
- Has the parent taken steps to address the issue? (rehab, counseling, classes, etc.)
Judges do NOT punish parents for making mistakes.
They simply protect the child until safety is clear.
Can a Criminal Charge Lead to Supervised Visitation?
Yes. In situations involving violence, substance abuse, or risk, the court may order:
- Supervised visitation
- Limited visitation
- No overnight visits
- Temporary suspension of visitation
- Completion of classes or treatment programs before resuming visits
These orders are usually temporary, not permanent.
If the parent shows progress and stability, visitation often increases.
What If the Other Parent Was Charged?
If your co-parent is charged with a crime and you’re concerned, you can request:
- A temporary hearing
- Emergency orders (in serious cases)
- Supervised visitation
- A guardian ad litem investigation
- Restrictions on alcohol or substance use
- Protection for exchanges or communication
The judge reviews the evidence quickly and can put safety measures in place within weeks — sometimes within days.
Do Charges Always Lead to Losing Custody?
No. Many parents with past or isolated charges maintain custody and parenting time.
Family court looks at the whole picture, including:
- Your relationship with your child
- Your parenting history
- Your willingness to comply with orders
- Steps taken to correct the issue
One mistake doesn’t automatically end your rights.
Quick FAQs
Can I lose custody over a DUI?
Possibly, especially if the child was in the car or there is ongoing alcohol misuse. But many parents maintain custody with proper safety measures.
What if the charge is false or exaggerated?
Judges rely on evidence, not accusations. Your attorney can present your side clearly.
Can custody be restored after a criminal charge?
Yes. Parents often regain full rights once safety concerns are addressed.
Final Thoughts
Criminal charges can feel overwhelming — especially when your time with your child is at stake. Call The Farley Law Firm today to schedule a confidential consultation. We guide Lexington parents through custody challenges with clarity and compassion.
Disclaimer
This information is for general education only and not legal advice. Schedule a consultation to discuss your case.