Consult with a local family law attorney. If one parent has custody, then the other can seek visitation, whether supervised or unsupervised depends on the facts.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
If one parent has sole physical custody, the other parent can still have parenting time/visitation. If the parents share joint legal custody, then both parents have the right to make major decisions, etc. You can bring any relevant, admissible evidence into court to support your application; however, without knowing the specific details of your situation, it is impossible to tell you which evidence you should or should not submit and/or how to go about obtaining it. I suggest you have a confidential consultation with a local attorney to sort this out. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: firstname.lastname@example.org. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
You seem to be stating that you want to know how to change residency of the child from the existing parent to the other based upon criminal charges existing or existed against the current residential parent. The necessarily complex factors are not amenable to this forum, and you should get a consultation with a family law attorney, which will be worth the cost of a consultation.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
Sign up to receive a 3-part series of useful information and advice about child custody law.