Protecting Your Children When You Are Facing Criminal Charges in Kentucky
For parents facing criminal charges in Kentucky, one of the most pressing concerns is what will happen to their children. The fear of being separated from your children adds an overwhelming layer of stress to an already difficult situation. Understanding how criminal charges can affect your parental rights and custodial arrangements, and taking steps to protect your children, is essential. The attorneys at Clark + Harris help parents in Lexington, Louisville, and throughout Kentucky navigate these challenges.
Immediate Childcare Concerns During an Arrest
If you are the primary caregiver for minor children and you are arrested, law enforcement’s immediate concern is ensuring the safety of the children. If another parent, family member, or trusted adult is available and can be reached, the children will typically be placed in their care. If no responsible adult is immediately available, police may contact the Kentucky Cabinet for Health and Family Services to arrange emergency placement.
To prepare for this possibility, maintain an updated list of trusted people who can care for your children in an emergency. Make sure these people’s contact information is easily accessible. Consider executing a temporary power of attorney for childcare that allows a designated person to make decisions for your children if you are incarcerated. Keep your children’s important documents — medical records, school information, and insurance cards — organized and accessible to your designated caregiver.
Impact on Custody and Visitation
Criminal charges can affect existing custody and visitation arrangements. If you share custody with the other parent, they may petition the court to modify custody based on your arrest. Family courts in Kentucky consider the best interests of the child, and a criminal case — particularly one involving violence, drugs, or domestic violence — can be a significant factor in custody decisions.
If you are convicted of certain offenses, the family court may restrict your visitation rights or require supervised visitation. Offenses that are most likely to affect custody include domestic violence, child abuse or neglect, drug offenses, DUI particularly if the children were in the vehicle, and sex offenses. Even pending charges that do not result in a conviction can be raised in custody proceedings, as family courts use a lower standard of proof than criminal courts.
Protective Orders and No-Contact Orders
In domestic violence cases, the court may issue a protective order that restricts your contact with your children. These orders can prohibit you from being in the same location as your children, limit your communication with them, and affect your access to the family home. If a protective order is issued in your case, complying with it fully is essential — violating a protective order is a separate criminal offense that will make your situation significantly worse.
If You Are Incarcerated
If you are incarcerated and unable to care for your children, maintaining your relationship with them is important for both your well-being and theirs. If family placement is not possible, the Cabinet for Health and Family Services may become involved in determining appropriate placement. In extreme cases, prolonged incarceration can lead to termination of parental rights proceedings, though this is generally a last resort after other options have been exhausted.
Maintaining contact with your children through letters, phone calls, and visits during incarceration helps preserve the parent-child bond and can be a positive factor in future custody proceedings.
How Clark + Harris Protects Your Parental Rights
At Clark + Harris, we fight to keep parents with their children. When we defend a client who is a parent, we consider the impact of every decision on their custodial rights and their relationship with their children. We pursue outcomes that minimize the disruption to the parent-child relationship and protect our clients’ parental rights. If you are a parent facing criminal charges in Lexington, Louisville, or anywhere in Kentucky, call 859-474-0001 for a free consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- How Criminal Charges Affect Immigration Status in Kentucky
- Can You Refuse a Field Sobriety Test in Kentucky?
- What Happens If You Get Caught with Edibles in Kentucky?
- Is Weed Legal in Kentucky? Marijuana Laws Explained
- DACA and Criminal Charges in Kentucky: Protecting Your Status