In a divorce in Texas, the court is required to make a child custody determination based on the best interests of the child. In making this determination, the court will consider a number of factors, such as the child’s age and developmental needs, the child’s relationship with each parent, and the ability of each parent to provide for the child’s physical and emotional needs.
One factor that the court may consider when making a custody determination is the criminal history of the parties. If one party has a criminal history, the court may be concerned about the potential impact on the child’s safety and well-being, and may give less weight to that party’s request for custody. In this article, we will provide an overview of the impact of a criminal history on child custody in Texas.
Criminal history and child custody in Texas
Under Texas law, the court is required to consider the criminal history of the parties when making a child custody determination. This means that if one party has a criminal history, the court may be concerned about the potential impact on the child’s safety and well-being, and may give less weight to that party’s request for custody.
The court will consider the nature and severity of the criminal offense, as well as the time that has passed since the offense was committed. For example, if the party has a history of violent offenses, or if the offense was committed against a child, the court may be more likely to award custody to the other party. On the other hand, if the party has a minor offense that occurred a long time ago, and there is no evidence that the party poses a risk to the child, the court may be more likely to award custody to that party.
It is important to note that the court is not required to automatically deny custody to a party with a criminal history. The court will consider the criminal history of the parties along with all of the other relevant factors in making a custody determination.
ConclusionIn Texas, the court is required to consider the criminal history of the parties when making a child custody determination. If one party has a criminal history, the court may be concerned about the potential impact on the child’s safety and well-being, and may give less weight to that party’s request for custody. The court will consider the nature and severity of the criminal offense, as well as the time that has passed since the offense was committed, in determining how to award custody. It is important for parties going through a divorce to understand the impact of a criminal history on child custody in Texas, and to seek the guidance of a qualified attorney who can help protect their rights and interests.