How Do Pending Criminal Charges Affect Child Custody?

When a parent faces criminal charges, the impact can extend beyond the courtroom into family law disputes. Judges in Washington must weigh the child’s best interests when considering custody arrangements in light of pending charges.

Pending criminal charges can significantly affect child custody decisions in Washington. Judges assess the nature of the charges, potential risks to the child, and whether parental rights should be limited or supervised while the case is pending.

Why Do Pending Charges Matter in Custody Cases?

Family courts prioritize the child’s safety and stability. Pending charges raise concerns about a parent’s judgment, reliability, and ability to provide safe care. Even before a conviction, the allegations themselves may influence temporary orders if they suggest risk. Judges balance the presumption of innocence against the duty to protect the child from potential harm.

Types of Charges That Raise Custody Concerns

Not all charges weigh equally in custody disputes. Allegations of domestic violence, child abuse, substance abuse, or serious felonies directly affecting safety carry the most weight. Minor or unrelated offenses may have less influence, but they can still affect the court’s perception of a parent’s stability and decision-making.

How Do Washington Courts Evaluate Risk?

Judges look at patterns, police reports, protective orders, and whether the charges involve the child or the other parent. Courts may order evaluations, drug testing, or supervised visitation if they believe the pending charges create a credible safety concern. Evidence such as witness declarations, probation reports, and prior convictions may also influence the court’s ruling.

Temporary Orders During Pending Charges

Courts may issue temporary parenting plans while charges are unresolved. These often restrict contact or require supervision until the criminal case concludes. Temporary measures are intended to protect children during legal uncertainty and are revisited once the criminal case outcome is known.

Impact of Domestic Violence Allegations

Domestic violence charges are especially influential in custody cases. Washington statutes create presumptions against awarding custody to a parent with a history of domestic violence. Judges must consider protective orders and ongoing risk, and may limit contact to supervised visitation to safeguard children and the other parent.

Role of Guardian ad Litem or CASA

Courts may appoint a Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA) to investigate the child’s situation when criminal charges overlap with custody disputes. These professionals interview parents, review records, and report recommendations to the judge about the child’s best interests.

Evidence Parents Should Prepare

A parent facing charges should gather character references, proof of treatment or counseling, and compliance with court conditions. Demonstrating proactive steps to address concerns can reassure the court. The other parent may present police reports, prior records, or protective order violations to argue for restrictions. Both sides should focus on evidence tied to the child’s welfare.

How Criminal Proceedings Interact With Family Court

Although criminal and family courts are separate, their proceedings often overlap. Criminal court outcomes may inform family court decisions, but family judges can act independently based on safety concerns. For example, even if charges are dismissed, the facts may still influence custody if the court finds credible risk.

Steps to Protect Your Custody Rights

Parents facing charges should consult both criminal defense and family law attorneys. Following release conditions, completing evaluations, and attending parenting classes demonstrate responsibility. Requesting modifications once charges are resolved can help restore custody rights, but preparation and legal guidance are essential.

For more details, see RCW 26.09 – Washington Custody Statutes, Washington Courts – Family Law, and Washington State Department of Children, Youth, and Families.

Parents should remain proactive during pending criminal matters, documenting compliance and maintaining healthy parenting where permitted. Staying engaged shows commitment to the child’s well-being, even under legal stress.

Talk to a Washington Child Custody Lawyer

If you are dealing with pending criminal charges and worried about child custody, our attorneys can explain your options, protect your rights, and advocate for your child’s safety. Call 425-295-2144 for a confidential consultation.

This content is for general informational purposes only and is not a substitute for professional, tailored advice. Our services are strictly focused on Family Law Firm within the Washington, Colorado, or Texas area. This article is not a guarantee of service representation.

Further Reading

• How Is Child Custody Decided in Washington?
• What Is a Parenting Plan in Washington?
• How Criminal History Affects Family Law in Washington
• Domestic Violence and Custody in Washington

Resources

• RCW 26.09 – Washington Custody Statutes
• Washington Courts – Family Law
• King County Superior Court – Family Law
• Washington State Department of Children, Youth, and Families

References

• RCW 26.09 – Washington Custody Statutes
• Washington Courts – Family Law
• King County Superior Court – Family Law
• Washington State Department of Children, Youth, and Families

Frequently Asked Questions

Can pending charges automatically remove custody?

Not automatically. Judges evaluate the nature of the charges and issue temporary or supervised orders only if there is credible risk to the child.

What if the charges are unrelated to parenting?

Even unrelated charges may affect custody if they suggest instability, such as substance abuse or repeated arrests. The court considers overall parental fitness.

Do courts wait for a conviction before acting?

No. Courts can act based on pending charges if they pose immediate safety risks. Protective orders and supervised visitation may be imposed temporarily.

Can custody rights be restored after charges are resolved?

Yes. If charges are dismissed or resolved favorably, parents may request modification of temporary orders to restore rights. Judges look at compliance and stability.

Should I have both criminal and family attorneys?

Yes. Coordinated legal representation ensures consistency across both cases, protects rights, and helps present strong evidence in family court.