When two people get divorced and have children together, the court generally looks at their current situation to make a custody determination. The focus is on the child’s best interests. Courts typically aim to divide custody between both parents unless it appears that another arrangement would better serve the child.
At the time of your divorce, the court may have determined that you and your ex should share physical custody. However, now you’re wondering if it’s time to modify or change that agreement. Perhaps your ex was recently arrested, and you’re considering whether their criminal record could convince the court to alter the custody order.
Safety and instability
Yes, an arrest could be a valid reason for a custody change. After all, the child’s safety is one of the court’s primary concerns. If your ex has been arrested for something that could compromise the child’s safety—such as driving under the influence or committing a weapons violation—the court may modify custody so that your ex no longer has sole custody. They could lose custody rights entirely, or the court might implement supervised visitation as an alternative.
Additionally, the court will consider whether there is increasing instability in the child’s living situation. Perhaps your ex had to spend a few days in jail, or they’ve demonstrated issues with substance abuse, making future arrests a concern. These factors could jeopardize the child’s stability, prompting the court to grant you sole custody to remove them from a problematic environment.
That said, even if you believe there is a clear reason for a custody change, it can be a complex process. Be sure to understand the legal steps required at this time.
