Legal Impact on Family Court and Custody When Facing Child Porn Charges

Individuals who are facing child pornography-related charges can also be dealing with disastrous repercussions related to family law matters, especially child custody cases. When making parental rights and custody decisions, courts take into account the interests of the child. It is crucial to consider the legal impact on family court and custody when facing child porn charges and defending the rights, interests, and future of yourself and your family.

The United States Sentencing Commission reported 1,408 child pornography cases in fiscal year 2023, a 2.9% increase from 2019’s 1,369 cases, suggesting a gradual uptick. US laws on child pornography are strict and may impact an offender’s other legal interests including child custody.

How Family Courts View Child Pornography Charges

In the United States, family courts are responsible for making child custody determinations, terminating parental rights, and planning for safety and permanency, depending on what is considered to be in the interests of the child. If a parent has been accused of child pornography-related offenses, the court takes into account the following:

• Evidence either refuting or supporting the claim
• The severity and nature of the allegations against the offender
• Whether the parent has exhibited a history of criminal behavior
• The mental and physical well-being of the child
• The safety of the child

In Virginia, child custody matters are primarily heard in the Juvenile and Domestic Relations District Court (J&DR) of the relevant city or county. These courts handle initial custody disputes, visitation, and support issues involving children. If a custody case requires more complex adjudication, it may move to the Circuit Court. Check your specific locality’s courthouse, as Virginia organizes courts by city and jurisdiction.

In Atlanta, Georgia, child custody matters are primarily heard in the Fulton County Superior Court, located at 136 Pryor Street SW. Appeals or complex cases can escalate to the Superior Court. An experienced child pornography defense attorney can help with both the defense of the charges and the custody issues that may ensue.

Optimal Interest of the Child

Each US state has its own statutes that help courts make child custody and displacement decisions on the basis of what is in the interest of the child. They do this by considering various factors, such as:

• The emotional ties between the child and each parent
• The ability of each parent to provide a safe and nurturing home environment
• Whether there is any parental history of criminal activity, neglect, or abuse
• The mental and well-being of the child, and if they have any special needs.

In cases that involve child pornography charges, the courts may consider that the offender is at a greater level of risk to the child in question. This may be true even if no direct evidence of abuse is readily available or the defendant has not been convicted.

Immediate Legal Consequences in Custody Cases

Individuals charged with child pornography could face immediate legal consequences related to their child custody interests. These could include the following:

• Emergency protective orders and temporary custody loss. A parent who’s been accused of viewing, possessing, manufacturing, or distributing child pornography material could lose custody immediately as a result of any emergency protective orders that could be issued under the framework of child protection laws. Pending trial outcomes and investigation, courts may also temporarily suspend any visitation rights.
• Supervised visitation and restrictions. If a parent is allowed to have contact after being accused, they may only be granted to do so under strict supervision. Before considering restoring custody, a court may order a psychological evaluation or rehabilitation measures.
• Termination of parental rights (TPR). If a parent is convicted of a child pornography-related offense, they could be dealing with a permanent termination of their parental rights. This could happen if the charges involve direct exploitation or abuse of a minor, if the parent is facing long-term prison sentencing, or if continuing contact with the child poses a significant risk.

How an Attorney Can Help

A skilled criminal defense attorney can help you mitigate the negative impacts of child porn charges on your family and your children by helping you leverage optimal criminal defense strategies specific to your case. These can include challenging the evidence against you, presenting character witnesses that provide details of parental fitness, and negotiating optimal custody arrangements.

FAQs

Can I Lose Custody of My Child If I Am Charged With Child Pornography?

Yes, even if you’ve only been charged with committing a child pornography offense, you may still have your custody revoked until the matter is resolved. Courts may do this if they believe that the charges against you demonstrate that you pose an immediate risk to the mental and physical well-being of the child.

Will My Visitation Rights Be Affected?

Yes, your visitation rights can be affected if you are facing charges for child pornography. The courts may decide to impose a supervised visitation, or they could suspend all visitation with your child until your child porn case is completely resolved. An attorney can help you fight back against your charges and preserve your child’s visitation rights.

What Happens If I Am Acquitted?

If acquitted of child pornography charges, your child custody arrangement could revert to its pre-accusation status, assuming no other issues remain, but courts may still review your fitness as a parent. Any temporary restrictions might lift, though lingering suspicions or prior modifications could prompt a hearing to reassess custody terms.

How Can I Protect My Parental Rights?

You can protect your parental rights if you are facing child pornography charges by working with a knowledgeable criminal defense attorney. They can assist you with developing a robust defense, bringing forward evidence of your good character, and getting your charges reduced or mitigated so that the influence on your custody arrangement is minimal.

Facing Child Porn Charges and Have Kids? Contact a Skilled Attorney From Our Firm Today

If you’re facing child pornography charges, this could have a serious impact on your child custody arrangement and parental rights. A fierce criminal defense attorney from Johnson/Citronberg is here to help you understand your rights and fight back against your charges. Contact us today to schedule a confidential case evaluation.