Our readers may be aware that when it comes to matters related to the custody of kids, the best interests of the children will generally guide legal proceedings. The "best interests" standard is subjective and allows courts to craft child custody arrangements that take into consideration the unique familial characteristics that may impact the welfare of the affected children. A number of considerations, including a parent's criminal record, may be reviewed when a child custody matter is being established or modified.
For example, if a parent is found to have abused or otherwise mistreated their children, that parent may have a harder time getting custody than the child's other parent. Additionally, a parent who is incarcerated will be unable to hold physical custody of their children and may be denied legal custody as well due to their limited access to their kids.