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Custody is the right of a parent to participate in important child rearing decisions such as residence, health care, education and religious training. Courts strive to provide for the welfare and best interests of the child; they will uphold a parent rights to participate in the child life when the felony did not involve action that caused direct harm to the child. A parent with a felony who is married to the custodial parent can continue to live with the child, except in circumstances where the felony establishes the parent poses a risk to the welfare of the child, such as child abuse or child molestation. 

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