How Can a Criminal Record Impact Your Child Custody Rights?

Child custody cases are already tough, both emotionally and legally. If a parent has a criminal record, it can make things even harder. In Texas, family courts always put the child’s well-being first, looking closely at anything that could affect their safety and happiness. A parent’s criminal record is one of those factors that can have a big impact on custody decisions. 

Knowing how courts evaluate a criminal record can help you understand what to expect and how to handle the situation. This post explains how having a criminal record can affect your custody rights in Texas, going over the key legal points, and tips for improving your chances.

Overview of Child Custody Laws in Texas

In Texas, child custody is referred to as “conservatorship.” Under the Texas Family Code, courts can grant either joint conservatorship (where both parents share responsibilities) or sole conservatorship (where one parent has full control). Texas law encourages both parents to stay involved in their child’s life, as highlighted in Texas Family Code § 153.001. However, if a parent has a criminal record, the court will carefully evaluate whether that involvement is truly in the child’s best interests.

The court uses a “best interest” standard to decide custody arrangements, considering these factors:

• The child’s emotional and physical needs
• The stability and mental health of each parent
• Each parent’s history, including any criminal record
• The overall safety and well-being of the child

When a parent has a criminal background, the court may limit or supervise that parent’s visitation with the child, especially if the crime poses a potential risk to the child’s safety. This decision depends on the type of offense, how long ago it occurred, and whether it suggests a pattern of behavior that could affect the child.

Types of Crimes That Affect Custody Decision

Not all criminal offenses affect child custody in the same way. Texas courts generally look at violent crimes, drug-related offenses, and non-violent crimes differently when deciding what’s best for the child. Here’s how each type of crime can influence custody arrangements:

1. Violent Crimes

Crimes involving violence, particularly domestic violence or child abuse, can have a severe impact on a parent’s custody rights. Texas Family Code § 153.004 makes it clear that a history of family violence or child abuse is a major concern. This type of criminal record often leads to limited or supervised visitation, and in extreme cases, the court may deny custody rights altogether. Violent offenses signal to the court that a parent may struggle to provide a safe, stable environment for the child, which is the court’s top priority.

2. Drug-Related Offenses

Texas courts are very cautious when it comes to parents with a history of drug-related offenses. The Texas Health and Safety Code indicates that offenses like possession, manufacturing, or distribution of controlled substances suggest an environment that may be unsafe for the child. Parents with a history of substance abuse might face additional requirements for custody or visitation, such as regular drug testing or attending counseling, to ensure they’re maintaining a safe and stable environment for their child.

3. Non-Violent Crimes

Even though non-violent crimes like theft or fraud may not directly threaten a child’s safety, they can still impact custody decisions. Texas courts may interpret repeated or recent non-violent offenses as a sign of instability or poor judgment. This is particularly concerning if the offenses suggest a pattern of behavior. A history of such crimes may lead the court to question the parent’s reliability and overall ability to provide a stable home, even if the crimes weren’t violent.

Each type of offense is viewed differently based on its potential impact on the child’s well-being, with violent and substance-related offenses usually weighing more heavily against custody rights.

Timing Impacts Custody Decisions

The timing of a criminal offense—whether it was recent or occurred long ago—can impact how heavily it weighs in a custody case. Texas courts generally look at:

• Recent Offenses: Crimes committed within the last five years are scrutinized more heavily. Judges may see recent offenses as a potential ongoing risk to the child.
• Older Offenses: Older offenses may be less impactful if the parent demonstrates a significant lifestyle change. However, serious crimes, such as violent felonies, could remain a concern regardless of when they occurred.

If you have a criminal record from years ago, the court may consider whether you have shown evidence of rehabilitation, such as completing probation, staying out of legal trouble, or taking responsibility for past actions.

Parental Rights and Supervised Visitation

In cases where the court deems that full custody isn’t appropriate, it may grant supervised visitation instead. Supervised visitation is when a neutral third party is present during visits between the child and the non-custodial parent. This arrangement often applies if there’s a history of violence or substance abuse, ensuring the child’s safety during contact with the parent.

Texas Family Code § 153.005 allows courts to impose such arrangements based on any “history or pattern of past or present child neglect, or physical or sexual abuse,” as well as any other criminal behaviors deemed threatening to the child. Supervised visitation can be temporary, allowing the parent to demonstrate their commitment to responsible behavior before reassessment.

Arrested? Don’t Plea, Call Me!

Navigating child custody with a criminal record in Texas can be complex and challenging, especially with the court’s focus on the child’s safety and well-being. However, a past record doesn’t have to define your future. With evidence of rehabilitation, positive steps toward stability, and the right legal support, parents with a criminal history can still pursue meaningful involvement in their child’s life.

At Texas Criminal Defense Group, we specialize in helping individuals with criminal records work toward a better future. If you’re concerned about how your record could impact child custody, contact us today. Our experienced team can help you explore options to address your record and advocate for your parental rights.