Do Criminal Charges Affect Child Custody in Texas?

 Posted on April 29, 2025 in Family Law

When child custody is at stake, anything that raises questions about a parent's behavior or judgment can become an issue — especially involvement in the criminal justice system. In Texas, family law courts are required to make decisions that prioritize the best interests of the child. That means criminal charges, whether pending or resulting in conviction, can impact your custody rights.

A Fredericksburg, Texas family law attorney who understands both child custody and criminal defense can provide essential guidance when these legal areas overlap.

What Happens to Your Custody Rights If You Are Charged With a Crime?

Being charged with a crime does not automatically mean you will lose custody or visitation rights. The court will look at the nature of the charge, your criminal history, and whether the alleged offense affects your ability to care for your child safely and responsibly.

For example, a pending charge for nonviolent offenses like shoplifting or minor drug possession may not result in any immediate custody changes. However, more serious accusations — such as domestic violence, child endangerment, or aggravated assault — can lead a judge to reconsider your parenting time, at least temporarily.

The court may:

• Order supervised visitation

• Suspend parenting time until the case is resolved

• Require a psychological evaluation or parenting classes

Judges will often wait until criminal proceedings are complete before making long-term decisions, but they are also allowed to act quickly to protect a child from potential harm.

If You Are Convicted of a Crime, Do You Lose Custody? 

A criminal conviction carries more weight in custody proceedings than a pending charge. If you are convicted of a felony — especially one involving violence, drugs, or abuse — your custody rights may be permanently restricted.

Texas law specifically presumes that appointing a parent as a sole or joint managing conservator is not in the child’s best interest if that parent has committed certain crimes. Even if your conviction does not fall under those statutes, the judge may decide to limit or deny your parenting rights based on the total circumstances.

Each case is evaluated individually. The judge will consider the details of the offense, how long ago it occurred, whether you have made any efforts towards rehabilitation, and the child’s current needs and emotional stability.

How Can a Lawyer Help with Child Custody and Criminal Charges? 

If you are facing criminal charges while involved in a custody dispute, it is essential to work with an attorney who understands how these two legal systems interact. A lawyer with experience in both areas can help you:

• Respond to criminal allegations without making statements that hurt your family case

• Present your parenting history in a positive light

• Develop a strategy to maintain custody or visitation rights during and after criminal proceedings

Contact a Llano, TX Child Custody and Criminal Defense Attorney

If you are concerned that criminal charges may affect your custody rights, speak with a Fredericksburg, TX family law attorney at the Law Office of Russ Alan Baker, PLLC by calling 325-216-2006. Our team handles both family and criminal matters and can help you protect your future on both fronts.