You Have a Custody Order — Then You’re Arrested. Now What?
A finalized custody order might feel like the end of the battle. But if you’re arrested after that order is in place, the situation can change — fast.
Whether the charge is minor or serious, the other parent may try to use it as a reason to limit your time with your child. And in South Carolina, especially here in Lexington County, family courts take any new legal trouble seriously when it comes to parenting.
Does an Arrest Automatically Change Custody?
No. A criminal arrest alone doesn’t automatically suspend or change a custody order. You still have legal rights — including the right to be heard.
However, depending on the nature of the charges, the other parent can request:
- An emergency hearing to temporarily suspend your visitation or custody
- Supervised visitation
- A modification of the existing order
And judges may respond quickly if there’s a risk to the child’s safety or stability.
What Types of Charges Raise Red Flags?
Not every charge is treated the same. Lexington family court is most concerned with arrests that involve:
- Violence or domestic abuse
- Substance abuse or DUI
- Child endangerment or neglect
- Repeated legal trouble that suggests instability
Even if the child wasn’t involved, these types of charges may lead a judge to question whether your parenting time should continue as is.
Can the Other Parent Use It Against Me?
Yes — especially if they’ve been seeking more time or decision-making power.
Here’s how it typically plays out:
- The other parent files for an emergency hearing or modification.
- They argue the arrest creates instability, risk, or harm.
- You must show why the charge doesn’t affect your parenting or provide mitigating details.
It’s important to respond with a clear legal strategy — not just hope it blows over.
What Can the Judge Do?
At an emergency hearing or a later court date, a judge could:
- Leave the order in place
- Order temporary supervised visitation
- Suspend your parenting time until the charge is resolved
- Order drug/alcohol testing, parenting classes, or counseling
- Initiate a full custody modification process
It depends on the facts, the charge, your record, and how you present your case.
What If I’m Found Not Guilty or the Charge Is Dropped?
If the charge is dismissed or you’re found not guilty, that’s good news — but it doesn’t always undo the damage.
Judges may still factor in:
- Time away from your child
- Missed exchanges or court hearings
- The overall pattern of behavior, even without a conviction
That’s why it’s crucial to work with a family law attorney from the start — not just a criminal defense lawyer.
What Should I Do Right Away?
If you’re arrested and have a custody order:
- Call a family law attorney immediately.
- Do not violate the existing custody order unless the court modifies it.
- Gather proof that your parenting is still stable and safe.
- Be honest with your lawyer about the situation — no surprises.
Quick FAQs
Can my ex take full custody if I’m arrested?
Not automatically. They’ll need to file for a modification or emergency hearing, and the judge will decide.
Do I lose custody if I go to jail?
If you can’t physically exercise visitation, the court may suspend your time temporarily — but it depends on the length and nature of your sentence.
What if my arrest has nothing to do with the child?
It still matters. The court will assess whether your situation impacts your ability to parent safely and reliably.
Facing criminal charges and worried about custody? Call The Farley Law Firm in Lexington today to protect your parenting rights and prepare for what comes next.
Disclaimer
This information is for general education only and is not legal advice. Schedule an appointment to discuss your case. Past results do not guarantee a similar outcome.