Could a criminal drug charge from my past factor into a child custody decision even if I had a diversion on it to remove it from my record?
While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.
The drug charge and diversion can likely be a factor the court will take into consideration when deciding custody. The court will look at what the “best interests of the children are” and make a decision based on many different factors. Past drug use would certainly be relevant and cannot be “hidden” even though it isn’t on your formal record any more.
If this charge was a one-time incident and took place in the distant past, it may not carry as much weight as you are concerned it will.
Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation.