Can a Parent’s Criminal Record Impact Custody in Illinois?

 Posted on August 22, 2025 in Family Law

Illinois Senate Bill 57, signed into law in 2016, changed the terms "custody" and "visitation" to "allocation of parental responsibilities" and "parenting time." Allocation of parental responsibilities focuses on the best interests of the child. If one parent has a criminal record, then his or her parental responsibilities or parenting time may be affected. However, most criminal convictions will not jeopardize the rights of the parent.

The courts will consider the type of offense, when it occurred, and whether it affects the parent’s ability to provide a safe and stable environment for the child. Criminal offenses that involve violence (including domestic abuse), as well as crimes involving illegal drugs, can weigh against a parent. Older, relatively mild offenses will carry less weight, particularly if the parent can show full rehabilitation.

For example, a bar fight from 15 years ago that ended in assault charges may have little effect on parenting time and parental responsibility allocation, particularly if that parent’s record has been clean since that time. Suppose you are worried that a criminal conviction on your record will adversely affect parental responsibility allocation or parenting time. It can be extremely beneficial to speak to a knowledgeable St. Charles, Illinois family law attorney.

What Are Illinois' Legal Standards for Parenting Time and Parental Responsibility Allocation?

The allocation of parental responsibilities is governed by 750 ILCS 5/602.5, while parenting time is governed by 750 ILCS 5/602.7. All decisions regarding children are made after considering what will best serve the child’s interests, particularly in terms of safety and stability. The courts will always review the totality of the circumstances of each parent, rather than focusing solely on one factor.

What Types of Criminal Records Will Matter Most to the Court?

Violent crimes, such as assault, battery, homicide, and domestic violence, will, of course, give the court pause when considering a child’s well-being. Child-related criminal offenses are equally likely to interfere with the allocation of parental responsibilities or parenting time. A parent who has a conviction for child abuse, child neglect, or child sexual abuse is far more likely to receive supervised parenting time, if any.

Substance-related offenses, such as DUI and drug possession/distribution, may hinder a parent’s right to parenting time and parental responsibilities if there is an indication of an ongoing risk. If the parent had a drug or alcohol problem in the past, but engaged in rehab and has been clean for a significant amount of time, then drug and alcohol convictions will carry less weight.

How Does a Judge Evaluate the Impact of a Criminal Record?

The first thing a judge will look at when considering a parent’s criminal record is timing – how long ago did the conviction occur? The judge will also consider whether the offense was a one-time mistake or if there is a pattern of repeated risky or criminal behavior. A parent who can demonstrate evidence of counseling, treatment, or lifestyle changes presents a better case to the court than a parent who can show no evidence of rehabilitation.

Finally, the judge will consider whether the offense involved the child, the other parent, or was unrelated to the family. Parents who want parenting time and parenting responsibilities should be able to present evidence of rehabilitation. Obtaining character references from credible sources, showing compliance with court orders, parole, or probation, and demonstrating a consistent, positive relationship with the child will all make a difference in these decisions.

Contact a Kane County Family Lawyer

A past mistake does not have to define your future role as a parent. An experienced St. Charles, IL parenting attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you show the court that you can provide a stable, safe environment for your child. The attorneys at our firm have more than 100 years of combined experience practicing law and have held leadership positions in state and local legal organizations. MKFM Law serves family law clients at our offices in Kane, DuPage, and DeKalb County. Call 630-665-7300 to schedule your initial attorney meeting to discuss your child-related issues.