If one of the parents in a custody case has a criminal record, the types of crimes on their record could have an effect on their chances of obtaining custody. In custody cases the issue is always going to come down to whether or not the best interests of the child might be affected. In the most extreme case, in which one parent has been convicted of first degree murder of the other parent, the law specifically prohibits visitation with the children until they are of a suitable age to assent. Similarly, but to a less serious degree, in making custody and visitation determinations the court will consider crimes that would cause one to question the fitness of a parent. These types of crimes would obviously include any violent crime convictions which could call into question whether the children would be in danger around a parent who has shown themselves to resort to violence when faced with conflict. In addition, drug and alcohol abuse offenses would call into question a parent...

On Wednesday, May 26, 2010, the Massachusetts House of Representatives will vote on legislation to reform Criminal Offender Record Information (CORI) laws ( House No. 4703 ). According to the MBA "The purpose of CORI reform is to better facilitate the rehabilitation of offenders back into society and thereby increase public safety. We support efforts to correct some of the unfairness and injustice which occurs by the continued presence and use of inaccurate CORI. CORI laws need to be revised to provide our citizens with greater accuracy, earlier sealing of records and greater clarity in the reports." The Massachusetts Senate has already passed sentencing legislation that included similar CORI reform and passage of the House Bill will result in a committee being formed to iron out the differences between the two bills (the next step towards having the legislation enacted). These reforms to the CORI system are supported by the MBA and you should call your state representatives ...