The legal system in the United States is complex, involving multiple areas of law and distinctly separate court systems, including the criminal justice system, civil court, and family court. Each type of court has different goals, objectives, and procedures. While criminal law and family law are separate entities, it’s important to note that they sometimes intersect.
Understanding the differences between family law and criminal law in Colorado and elsewhere is important when navigating the legal system, but it’s also helpful to know how the outcome of a criminal law case might impact a family law dispute. For legal counsel on your unique case, our experienced family lawyers in Denver are here to guide you through the legal process with easy. Call us at (303) 451-0300 today.
Understanding the Difference Between Family and Criminal Court Cases
Bringing a case before a judge is never a simple process and often feels intimidating, regardless of the type of court, but the potential outcomes are very different in a family law matter compared to a criminal law case.
The criminal court focuses on penalties and deterrence measures for criminal activity and violence by imposing incarceration, fines, and probation upon the conviction of a criminal defendant. Family court resolves matters related to family relationships, such as divorce, legal separation, child custody, adoption, and sometimes estate planning.
In family court, the goal of all cases involving children is to make decisions and rulings that meet the standard of serving the child’s best interest. In cases that do not involve children, family courts focus on fairness, such as the “fair and equitable” division of marital assets in a divorce. Contact our divorce attorneys to discuss your case with a legal professional.
When Do Family Law and Criminal Law Cases Intersect In Child Custody Cases?
While family court and criminal court are distinct entities, all court proceedings are a matter of public record. The findings of a criminal court could significantly impact a person’s family law case. For example, consider the following ways that criminal law sometimes impacts child custody cases in family court:
- A conviction for a violent crime may prevent a parent from having shared custody of their children, resulting in limited visitation, supervised visitation, or even the loss of parental rights
- A domestic violence charge may result in the temporary or permanent loss of child custody
- When a divorced parent begins a relationship with a person who has a criminal record, it could adversely impact their child custody case
- Any criminal history of child abuse, child sexual abuse, or egregious child neglect would likely result in the loss of child custody and limited or restricted visitation rights
- Incarceration results in the temporary or permanent loss of child custody rights
- A conviction for drunk driving or driving under the influence of other substances could negatively impact a child custody decision, especially if the parent has a history of previous convictions. Even a first DUI offense could impact a parent’s ability to transport their child due to the loss of their driver’s license
Many of the above criminal law cases could also negatively impact a person’s ability to adopt a child through private adoption or in stepparent adoption cases.
How Might a Criminal Record Impact Other Family Law Cases?
Besides having an adverse effect on child custody and adoption in family court, a criminal history could impact other aspects of family law. For instance, a conviction of financial fraud could affect the division of marital assets during a divorce.
A family court judge may consider a spouse’s conviction for domestic abuse as potentially impacting the abused spouse’s ability to become self-sufficient, resulting in the abused spouse receiving a greater share of the marital assets and/or an award for alimony payments.
Anyone with a pending family law case should fully disclose their criminal history to their Denver family attorney and learn about the potential impacts on child custody and other family law matters.