Will a Criminal Charge Affect My Child Custody in Texas?
June 24, 2026
If you're facing a criminal charge and share custody of a child, it's natural to wonder what happens next. The short answer: it depends — and the details matter.
In Texas, courts decide custody based on one standard above all others: the best interest of the child. That means a judge will look at the full picture of each parent's circumstances, including their criminal history, when determining custody rights.
Does Criminal History Affect Child Custody?
Yes, but not every charge carries the same weight. Texas courts may consider both current and past offenses, regardless of whether a conviction was made or the charges were dismissed. What matters is the overall picture of a parent's fitness and stability.
Several factors influence how much a criminal charge impacts a custody case.
Type and Severity of the Offense
Texas law classifies crimes by severity, from violations and misdemeanors to felonies. Generally, the more serious the charge, the greater the potential impact on custody. A nonviolent misdemeanor is unlikely to immediately alter a custody arrangement. A felony involving violence, sexual assault, or harm to a child is a different matter entirely and can result in reduced parenting time, supervised visitation, or, in serious cases, termination of parental rights.
Crimes involving substance abuse carry particular weight because they speak directly to a parent's ability to provide a safe, stable environment for their child. Courts may require drug testing as part of proceedings in these cases.
Offenses involving the parents' own children or other minors will also factor heavily into a court's decision.
Recency and Conviction Status
When a charge occurred, matters as much as what it was. A recent offense will generally carry more weight than something from years ago, especially if the parent has demonstrated changed behavior over time.
If criminal proceedings are still ongoing, a judge may hold off on making permanent changes to a custody order until the case is resolved. If charges were dismissed, that too will be considered — though dismissal alone doesn't guarantee a custody arrangement stays unchanged.
For a full list of offenses that can factor into parental rights cases under Texas law, refer to the Texas Family Code.
How an Attorney Can Help
Navigating a custody case while managing a criminal charge is complex, and the stakes are high. An attorney with experience in both family law and criminal defense can help you respond to allegations in a way that doesn't inadvertently damage your custody case, present your parenting history in the strongest possible light, and protect your rights to custody or visitation while proceedings are pending.
At Schneider Law Firm, our attorneys are experienced in both family law and criminal defense, which means we understand how these two areas of law intersect and how to protect you on both fronts.
Contact Schneider Law Firm
If you're facing a criminal charge and have concerns about your custody rights, don't wait. Contact Schneider Law Firm today for a confidential consultation. We have offices in Downtown Fort Worth, Alliance/Keller, and Mansfield/Arlington, and are ready to help.