Could A Past Drug Charge Affect Custody?

arrested man in handcuffsQuestion:

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.

Omaha divorce attorney Nancy Shannon
Omaha divorce attorney Nancy Shannon

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on,, and, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

One comment on “Could A Past Drug Charge Affect Custody?

    Thanks for your advice about child custody during divorce proceedings and any criminal records you may have. That interesting that there are different statutes for different states about past criminal charges for deciding custody. It sounds like it would be really important to have a good divorce attorney to help ensure that there is a fair custody agreement.

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