Can I get custody of my child if I have been arrested? 12 Answers as of November 28, 2011

The fact that you were arrested should have little impact on a custody decision, because you were not convicted of any crime. The court will consider numerous factors, including which parent is the primary caretaker for the child and what is in the best interest of the child.

It is possible to be granted primary custody despite having been arrested. The court will look at all factors surrounding custody (the arguments of both sides) to decide the issue of custody. As for your arrest, if it is brought to the attention of the court, the judge will likely inquire as to the circumstances surrounding the arrest as well as the reasoning behind the lack of prosecution.

Maybe. It seems to me that the mere fact of an arrest is not going to prevent you from getting custody. However, the underlying facts might.

You can stop talking with your spouse and instead call a lawyer.

You need to begin a divorce case and then convince the court that the best interests of the child are to do what you want rather than what your husband wants. A judge will decide after hearing all the relevant evidence; your arrest and the circumstances surrounding that are just one part of the big picture.

You can have residential custody of your child. Your arrest might raise a question, but the matter was dropped.

Ultimately, the question who will get custody is centered around what is in the best interests of your child. If you had a prior charge of neglect filed against you, the charge itself cannot be used against you because the case was dismissed. However, I don't know if there were any witnesses there to explain what happened, and that could be harmful to your case. Of course, if your husband was abusive and you were the primary careaker of the child, these would all be factors to help you in a custody dispute.

Thank you for your question. A court may consider many factors in awarding custody of the partys child to one or the other parent. It appears you may be in for a fight and because of the complex nature of custody disputes; your best course of action would be to hire an experienced attorney to represent your interests.

Courts make custody determinations based on what the court believes is in the child's best interests. Certainly, allegations of child neglect or abuse may be relevant to a court's decision. How well you present your case in court is critical. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective. You should consult with legal counsel.

I'm sorry you've been put in this position. Normally speaking, I'd say you probably don't have anything to worry about. Custody of a baby will almost always be mostly with whichever parent has been the primary caregiver up until that point, on the theory that it's especially important with very young kids not to disrupt their lives, routines. and comfort levels any more than necessary. Usually a graduated visitation schedule is set up for the other parent, so that over a period of a couple of years, by starting off with just a few hours at a time, the kids can get used to spending the weekend with the other parent. Given a recent arrest for child neglect, though, it's hard to say, and may have a lot to do with what the details of that case were, and the details of what's going on in your family. That kind of case will very often end up with what's called an amicus attorney appointed to represent the child's interests and to try to figure out what would actually be best for the child, because otherwise the court just doesn't really know what to believe a lot of the time. You really need to retain an attorney to help you figure out what your options are. Good luck.