Does Your Criminal Record Affect Custody in Washington?

How Courts Evaluate Arrests, Convictions, and Protection Orders in Parenting Plan Cases

If you have a criminal record and are going through a custody case in Washington, you’re probably wondering how it will affect your chances. Will a past conviction automatically prevent you from getting custody or visitation rights? Can a judge deny parenting time based on an old arrest or a no-contact order that isn’t directly related to your child?

The short answer is: it depends. Washington courts make custody decisions based on the best interests of the child, and while a criminal record doesn’t automatically disqualify you from parenting, it is one of many factors that courts weigh when creating or modifying a parenting plan.

At the Law Office of Erin Bradley McAleer, we help parents navigate the family law system—especially when past legal trouble becomes a concern in custody proceedings.

The Legal Standard: Best Interests of the Child

Under RCW 26.09.187, Washington courts are required to consider several statutory factors when establishing residential schedules (parenting plans). The guiding principle is always what will best serve the child’s emotional, physical, and developmental needs.

Among the key factors courts evaluate are:

• The child’s relationship with each parent
• Each parent’s past and potential for performance of parenting functions
• The emotional needs and developmental level of the child
• Any history of domestic violence, substance abuse, or criminal conduct

Thus, a parent’s criminal record, while not automatically disqualifying, can weigh heavily depending on its nature, severity, timing, and relevance to parenting abilities.

Arrests vs Convictions: Is There a Difference?

Yes. A conviction—particularly a recent one for a serious offense—carries more weight than a mere arrest. However, in family court, even non-conviction history (such as dismissed charges, pending cases, or protective orders) may still be considered as part of a broader pattern.

For example, if you were arrested several times for domestic disturbances—even if not convicted—a judge may still consider that history when assessing whether a residential schedule should include limitations or supervised visitation.

That said, judges are also required to consider context. If the incident occurred years ago, was non-violent, and you’ve completed treatment or stayed out of trouble since, that may reduce its impact on the custody outcome.

What Types of Criminal History Raise Red Flags?

Not all criminal convictions will hurt your custody case. Courts are most concerned with offenses that suggest a parent may pose a risk to the child or the other parent, or be unable to consistently meet parenting responsibilities.

The following categories of crimes tend to raise the most concern in family court:

Domestic Violence or Assault

Even if the child was not directly involved, a history of domestic violence—especially if a protection order exists—can significantly restrict residential time or decision-making rights. Courts may impose supervised visitation or require completion of a DV intervention program.

Drug or Alcohol Offenses

A history of substance abuse can signal an inability to safely parent—especially if the conduct occurred around the child or resulted in impaired judgment. Courts may look for evidence of sobriety, treatment, and ongoing stability.

Sex Offenses

Convictions for sex crimes, particularly those involving minors, will likely result in very limited or no contact with the child unless strict safety protocols are in place.

Repeated Criminal Conduct

Even minor offenses—such as theft, trespass, or DUI—can become an issue if they form a pattern of behavior that suggests instability or poor judgment.

How No-Contact Orders and Protection Orders Factor In

If a domestic violence protection order or no-contact order has been issued—especially one involving the child or the other parent—this will almost certainly influence the parenting plan. Courts take these orders seriously, and any violations can not only impact your custody rights but may result in criminal penalties.

A parent with an active order against them will likely be restricted from contacting the protected person or child until the court lifts or modifies the order. Even if the order is civil and not criminal, it may still justify limitations on residential time, particularly if there is a risk of harm or ongoing conflict.

Can You Still Get Custody If You Have a Criminal Record?

Yes, depending on the facts of your case. Washington courts do not impose a blanket prohibition on custody for parents with criminal histories. Judges are more concerned with:

• Whether the offense affects your parenting ability
• How recent or serious the conduct was
• Whether you’ve taken steps to rehabilitate, such as completing treatment, maintaining sobriety, or showing stability through employment and housing

In some cases, a parent with a prior conviction may be awarded primary residential care if they demonstrate a consistent, safe, and nurturing environment for the child—and if the other parent poses a greater risk or is uninvolved.

What You Can Do to Strengthen Your Case

If you have a criminal record and are seeking custody or visitation rights, there are several steps you can take to strengthen your position:

• Be proactive and transparent about your record; don’t let the other party define the narrative.
• Complete treatment programs, parenting classes, or counseling if relevant.
• Maintain sobriety, employment, and stable housing.
• Document positive parenting efforts, including time spent with the child, involvement in school or medical care, and support from neutral third parties.
• Follow all court orders, including temporary parenting plans, protection orders, or support obligations.

How the Law Office of Erin Bradley McAleer Can Help

At the Law Office of Erin Bradley McAleer, we understand how a criminal record can complicate—but not necessarily prevent—a successful custody outcome. We help parents build strong, fact-driven cases that highlight growth, parenting strengths, and the child’s best interests.

Whether you’re facing pushback due to an old conviction or responding to exaggerated claims, we’re here to provide skilled, experienced advocacy throughout the parenting plan process.

Contact our office to discuss your case and learn how we can support your rights as a parent under Washington law.