Will a Child Endangerment Conviction Threaten Custody of My Kids?

 Posted on July 25, 2024 in Criminal Defense

Parents have a responsibility to care for their children and keep them out of harm’s way. Although raising and caring for your child is largely your business, every state has laws designed to protect kids. This includes protecting kids if their parents seem to show an inability or unwillingness to properly care for their children.

If a parent is convicted of endangering a child, for instance, Texas law may question that parent’s judgment and ability to care for the child. This not only has the potential to trigger criminal charges, but it can also have an impact on child custody, which this article will discuss. If you have been accused of endangering a child, speak with an experienced Texas child endangerment attorney right away.

What Is Child Endangerment?

Under Texas law, child endangerment is when a parent, guardian, or caregiver places a child under 15 years of age in an unreasonably harmful situation. Because this definition is vague, it is often up to a court’s discretion when to consider an action as child endangerment. However, we know that certain situations are likely to be seen as child endangerment because they expose a child to imminent death, harm, or inappropriate behavior.

Examples of child endangerment include:

• Taking or administering dangerous drugs around the child

• Driving drunk with a child in the car

• Leaving a firearm unsecured around a child

• Leaving a child in the car

• Failing to secure a child with a car seat and/or seatbelt in a vehicle

• Sexual or physical abuse of a child

• Buying alcohol for a child

Child Endangerment and Custody Decisions

If a parent has been convicted of child endangerment, it is likely to impact child custody decisions. Courts are known to restrict the custody rights of a parent who has been shown to place the child in danger or expose him or her to harm. However, the law does not prescribe specific restrictions for such cases, so this is also largely left up to a judge’s discretion. A judge might award sole custody to the other parent while restricting the convicted parent to supervised visitation rights.

How a Lawyer Helps Defend Against Child Endangerment Charges 

There are several defenses an experienced criminal defense attorney may employ against child endangerment charges:

• The parent did not know that the action would endanger the child

• The charges are false 

• The child was hurt by other factors

• The action was a legitimate form of discipline, to which a parent has a right

Contact a Collin County, TX Child Endangerment Attorney

If you have been charged with child endangerment, your success in defending yourself against the charges will depend in part on the caliber of attorney you hire. At The Crowder Law Firm, P.C., our skilled attorneys will thoroughly investigate your case and help you gather any evidence that can strengthen your defense. We are highly knowledgeable in criminal defense law — including child endangerment laws — and we are ready to fight aggressively to protect your rights. Call 214-544-0061 to schedule a free consultation with a Plano, TX child endangerment attorney today.