Does My Criminal Matter Affect My Custody Case?

Dear Attorneys,

I was recently arrested, and while my criminal matter is pending, I was told that my family matter should be put on hold. Is that true? Does my criminal matter really affect my custody case? I don’t see how the two correlate.

Sincerely,

On Hold

 

Dear On Hold,

What you have heard may be true because, depending upon the nature of the criminal matter, it may “stay” (or put on hold), your family matter.  This could be for a variety of reasons, but if it has anything to do with safety (for example, a DUI charge), it may hurt you to pursue a pending custody matter if the criminal matter is not resolved and if any evidence can be used against you.

If you become involved with the Department of Children and Families, a child protection case may also stay your family matter. It may seem like these types of cases would not correlate to your custody case, but criminal and child protection matters may directly impact the custody of your children. Thus, the family court will not take action if a child protection matter is pending and, may not take action if you have a pending criminal matter.

If you need an attorney to help you with your custody matter, or a child protection matter, we would be happy to set up a consultation with you. We can be reached at 203.745.3151 or info@wolfandshorelaw.com. We would also be happy to refer you to a colleague who handles criminal law should the need arise.

Very Truly Yours,

Wolf & Shore Law Group

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