Washington Custody Rights for Fathers with Criminal Records: What to Know

If you have a criminal history and are fighting for custody rights, you're likely concerned about how your past mistakes might affect your relationship with your child. The answer isn't black and white — while fathers with criminal records can get custody in Washington, the outcome will ultimately depend on your situation and the specific steps you take.

Our knowledgeable child custody attorneys have over 20 years of experience handling divorce and custody cases in Washington State. We understand the stakes you’re up against and the anxiety and uncertainty you're likely facing.

This guide covers the types of offenses that can impact custody decisions, how Washington courts evaluate criminal history, practical strategies to strengthen your case, and realistic custody options based on your circumstances.

Types of Criminal Records That Impact Child Custody in Washington

First and foremost, it is crucial to emphasize that family courts are instructed to do what is best for kids. Under Washington law (RCW 26.09.002), “the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities”. Washington State courts can review any factor deemed relevant to determining what is in the best interests of the child, including a parent’s prior criminal record.

Different types of criminal records impact custody cases with varying degrees of severity. Here are some key factors to be aware of:

Crimes Against Children or Domestic Violence

Convictions related to child abuse, child neglect, or domestic violence raise significant concerns in custody proceedings. Washington courts view these offenses as direct indicators of potential risk to a child's safety and well-being. Fathers with these convictions face the highest barriers to obtaining custody rights and may initially be limited to supervised visitation.

Violent Offenses

Violent crimes unrelated to family matters still substantially affect custody decisions. Assault, battery, and weapons charges can raise questions about a father’s ability to provide a safe and stable environment. Courts examine whether these incidents were isolated or part of a pattern that might impact a father's parenting skills.

Drug and Alcohol-Related Offenses

Substance abuse convictions can have a moderate to high impact on custody cases. DUIs, drug possession, or distribution charges prompt courts to consider whether these issues could affect the child's welfare. Recent convictions may require proof of completed treatment and ongoing sobriety before a father can secure unsupervised time with his child.

Property Crimes and Non-Violent Offenses

Theft, fraud, and other non-violent crimes generally have a lower impact on custody determinations. While these offenses may raise questions about a father’s judgment, they're less likely to directly affect a court's evaluation of parental fitness unless they demonstrate an ongoing pattern of poor decision-making.

Time Since Conviction

The recency of criminal offenses also influences their perception. A conviction from a decade ago carries less weight than one from the previous year. Courts recognize that people can change and focus more on a parent's current circumstances and rehabilitation efforts than past mistakes.

While certain criminal records create major hurdles in custody cases, many fathers can still pursue some form of custody or visitation with the right approach. Washington courts look at the full picture of a parent's life — not just their criminal history — when determining what custody arrangement will best serve a child's interests.

How Washington Courts Evaluate Criminal History in Custody Cases

While Washington courts can and will consider a parent’s criminal record, it may ultimately be deemed a minor issue or wholly irrelevant to the proceedings. Here is what you should know about how Washington courts assess criminal history in child custody cases:

• The specific charge(s): For obvious reasons, not all criminal charges are viewed equally in child custody. A fully resolved conviction for petty theft may be deemed a minor issue. On the other hand, a conviction for domestic violence, child abuse, or child endangerment could potentially prevent a parent from getting unsupervised custody/visitation.
• The date of the conviction: Courts will consider the date of any criminal conduct. If criminal charges are still pending, that will have a significant impact on a court’s custody/visitation decision.
• The parent’s current life environment: Washington courts closely scrutinize the father's current living situation and lifestyle. A parent who has completed appropriate rehabilitation programs, maintained steady employment, and created a stable home environment demonstrates a commitment to positive change.
• Pattern of behavior vs. isolated incident: A single non-violent offense from years ago may be seen as an isolated incident if the father has otherwise maintained a law-abiding life. By contrast, repeated criminal activity suggests ongoing issues that could affect the child's welfare.

Washington courts take a holistic approach when evaluating fathers with criminal records. For a father working to overcome their criminal history, demonstrating behavioral stability and a steadfast commitment to their child's well-being is crucial for improving custody outcomes.

5 Effective Strategies to Improve Your Case for Custody Despite a Criminal Record

Fathers with criminal records face additional challenges when seeking custody. Fortunately, many overcome these obstacles by taking proactive steps.

Washington courts will want to see evidence that you've addressed past issues and can provide a safe, nurturing environment for your child. Here are some strategic actions you can take to strengthen your position in custody proceedings:

Document Your Rehabilitation Efforts

Complete all court-ordered programs and seek additional counseling related to your offense. Save certificates, letters from program directors, and attendance records as proof of your commitment to change.

Establish a Stable Living Environment

Maintain steady employment and secure housing that meets your child's needs. Courts view financial stability and suitable living conditions as evidence that you can provide a safe home for your child.

Show Consistent Involvement in Your Child's Life

Attend school events and medical appointments and maintain regular visitation if you currently have access to your child. Keep records of your participation to demonstrate an ongoing interest and commitment to your child's happiness and well-being.

Gather Strong Character References

Ask employers, religious leaders, and neighbors who have seen you interact with your child to write letters speaking to your parenting abilities. Testimonials from respected community members can help courts see beyond your criminal record.

Be Honest and Transparent About Your Past

Acknowledge your mistakes and clearly explain the steps you've taken to ensure that they won't affect your ability to parent. Trying to hide or make excuses for your criminal history will only damage your credibility with the court.

These strategies require consistent effort and patience, but they can improve your chances of seeing a positive outcome considerably. By demonstrating your dedication to being a good parent, you can build a compelling case for expanded custody rights regardless of your past actions.

Custody Options for Fathers with Criminal Records in Washington

Washington courts typically prefer arrangements that allow children to maintain relationships with both parents when safe and appropriate. Depending on your criminal history and current circumstances, several custody options may be available to you, ranging from supervised visitation to joint physical custody.

Supervised Visitation

You spend time with your child while a court-approved supervisor monitors the interaction. This is common for fathers with recent violent offenses or child-related crimes.

Limited Unsupervised Visitation

You’ll be permitted to make short visits without supervision that gradually increase as you demonstrate good parenting. This typically follows successful supervised visitation and continued rehabilitation.

Joint Physical Custody with Restrictions

Your child lives with you part-time, but the court imposes specific conditions, such as drug testing or counseling. This may become an option after you’ve established a pattern of stability.

Joint Legal Custody with Limited Physical Custody

You’ll help make important decisions about your child's life while having less physical time with them. Courts may consider this option if your past raises concerns about full-time care but not about decision-making.

Full Joint Custody

You and the other parent share both decision-making and physical time with your child equally. This becomes possible after satisfactory rehabilitation and stability over an extended period.

Even if you have to start with the most restrictive option, it’s important not to lose hope. Courts regularly review custody arrangements, and consistently demonstrating responsible parenting can lead to expanded rights over time.

An experienced family law attorney can help you better understand these options and advocate for appropriate progression through them.

How a Family Law Attorney Can Help You

Attempting to gain child custody with a criminal record creates unique legal challenges that require special knowledge and skill.

A qualified family law attorney experienced in both criminal and custody matters can properly contextualize your past while highlighting your current parenting abilities. These professionals understand how Washington courts assess criminal histories and can develop strategies that address potential concerns before they become obstacles in your case.

Your attorney will serve as your dedicated advocate throughout the legal process, gathering critical supporting documentation and presenting your position in the most favorable light. They can negotiate with the other parent's lawyer, prepare you for court appearances, and ensure that all procedural requirements are met correctly, among other key duties.

Taking Action for Your Child's Best Interests

While a criminal record can create additional hurdles in your custody case, it doesn't automatically disqualify you from being an active part of your child's life. By demonstrating rehabilitation, stability, and a genuine commitment to your child, you can erase the stigma of former criminal convictions and build a compelling case for custody rights.

Hodgson Law Office, a trusted Washington family law firm, has assisted countless families with high-stakes custody proceedings throughout Spokane and the surrounding counties. If you have any questions about how a criminal record can affect custody in Washington, we are available to help. Contact our team now for your completely confidential initial consultation.