Warren & Migliaccio, L.L.P.

Texas Family, Estate and Debt Relief Attorneys

Call For A Free Consultation (888) 584-9614
  • Our Team
    • Gary Warren
    • Christopher Migliaccio
    • Jonathan Frederick
    • Dan Varkey
    • Traci Diamond
    • Sabah Hafiz
    • David Lane
    • Morgan Gill
    • Brandon Beuerlein
    • MaDonna Harmina
  • Bankruptcy
    • Why Meet with Us?
    • Chapter 7 Bankruptcy
      • How to File Chapter 7 Bankruptcy in Texas
    • Chapter 13 Bankruptcy
    • Debt Resolution
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
      • Rebuild Your Credit
    • Bankruptcy Myths Debunked
    • Creditor Harassment
    • Tax Debt
    • What is a Wage Garnishment?
    • Bankruptcy Video Center
    • FREE Bankruptcy E-Book
  • Debt Lawsuits
    • Being Sued by Debt Collector? What you need to Know.
    • What to do when you are being sued by Credit Card Company
    • Is it possible to be Judgment Proof?
  • Divorce
    • Divorce Timeline and Roadmap
    • Contested Divorce
    • High Net Worth Divorce
    • High Conflict Divorce
    • Spousal Maintenance and Support
    • Post-Divorce Modifications
    • Military Divorce
    • FREE Divorce E-Book
  • Child Custody
    • Types of Child Custody in Texas
    • Child Support Modifications & Enforcements
    • Child Support: The Details You Should Know
    • Texas Standard Possession Order
    • Texas Child Custody Calendar
    • Right of First Refusal
  • Estate Planning
    • Our Services
    • How it Works- Your Client Journey
    • Estate Plan Express
    • Wills
    • Revocable Living Trusts
      • 9 Reasons You Need a Revocable Living Trust in Texas
      • Making and Funding a Living Trust in Texas
    • Is It Time to Update Your Estate Plan?
    • Dying without a Will
  • Estate Plan Express
    • Estate Plan Express: Get an Attorney Drafted Will Online in Texas
    • Our Levels of Texas Estate Planning Services
  • Blog
    • Articles
    • FAQs
      • How to create a Skype Account for Virtual Video Meetings
      • Get Tax Transcripts or Tax Returns
      • Get Your Free Credit Report
  • Next Steps
    • Contact Us
    • Client Testimonials
    • Make a Payment
    • Camp Lejuene Victim Support
      • How we can help
      • Top 5 Questions and Answers About the Camp Lejeune Lawsuits
      • Symptoms of Water Contamination
You are here: Home / FAQs / Does the court consider criminal charges when awarding custody?

Does the court consider criminal charges when awarding custody?

February 27, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

When determining custody of a child, the courts will look at a criminal record. This also pertains to criminal convictions. Additionally, a new partner’s criminal record will come under scrutiny if your child often interacts with the new partner.

Under Texas Family Code Section 153.002, the courts must make custody decisions based upon what they deem is in the best interests of child. A parent’s character and propensities – such as a propensity toward crime – are major determining factors when deciding what kind of custody arrangement is in the child’s best interest.

Custody of a Child When You Have a Criminal Record Isn’t Impossible

The courts may consider violent or child-related criminal charges or convictions as evidence that a parent is unfit or cannot provide the best atmosphere for the child. If the crime wasn’t considered a violent crime, however, it may not hold much weight in the court’s decisions.

The judge will look at the details as well as the big picture when making custody decisions. When regarding criminal charges, the courts will try to determine if and to what degree the parent’s past criminal activity will affect the life and wellbeing of the child.

If your ex attempts to use your charges or convictions as evidence against you in court, this doesn’t mean the custody of your child is automatically revoked because of a criminal record.

The judge will look at factors such as: 

  • how long ago you were convicted;
  • the type of crime;
  • the nature of  your sentencing; and
  • the existence of repeat offenses. 

If your crime was violent or if you have a notable rap sheet, it’s likely that this will hurt your custody case and curtail your parental rights. However, if the offense wasn’t violent in nature or was well in the past with no repeat offenses, old criminal charges might not affect your case at all.

Your New Partner’s Convictions 

Not only can your ex use your past criminal convictions to try to prove you are unfit, but he or she also can try to use your new partner’s past criminal record as evidence against you.

If you have a new live-in partner or are routinely bringing someone around your child, and he or she has had a prior conviction, your new partner’s record could be closely reviewed in a custody case.

Again, though, the courts will look at the specifics of the crime. Only if the courts feel your new partner’s history has the potential to affect your child’s wellbeing will it impact your case. For instance, a white-collar banking crime 10 years ago likely will not impact your case much. On the other hand, drug charges on school property last year likely will.

Child Custody Attorneys at Warren & Migliaccio Help Plano Parents 

If you want custody of your child and you have a criminal record – or your new partner has any type of past charges or convictions – you’ll want to consult an attorney to help you build your defense and demonstrate to the courts that you can provide a safe, loving home for your child. You do not want to allow your ex to successfully paint a negative picture of you for the judge.

For noted child custody attorneys in Plano, contact Warren & Migliaccio today for a free, no-obligation consultation – 888-584-9614.

Call (888) 584-9614 or click here to submit a consultation request form now.

Get Help Now

Click Here To Call Now

FAQ Category: Child Custody FAQ

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Nav

  • Collin County & Dallas Bankruptcy Attorneys: Chapter 7 Solutions for DFW
  • Chapter 7 Bankruptcy Attorney in Dallas
  • Chapter 13 Bankruptcy Lawyer in Dallas
  • Child Custody Attorneys in Dallas and North Texas
  • Child Support
  • Divorce Attorney in Dallas & Collin County – Serving All of DFW and North Texas
  • Family Law
  • Spousal Support
  • Personal Injury
Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

Connect With Us

facebook logo twitter logo youtube logo instagram logo


More Resources
Blog
Articles
PaymentPortal

Schedule Now
(888) 584-9614

Next Steps

  • Contact Us
  • Testimonials
  • Make A Payment
  • Blog
  • Articles
  • FAQs

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Estate Planning
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2025 Warren & Migliaccio, L.L.P. All Rights Reserved