How a Criminal Arrest Can Impact Divorce and Child Custody Cases in Texas
A criminal arrest can have serious consequences — not just in criminal court, but also in family court. If you’re involved in a divorce or child custody proceeding and get arrested, that arrest could influence how a judge rules on issues like custody, visitation, property division, and even spousal support.
This post explains how criminal charges — whether pending or resolved — may affect family law matters in Texas.
Criminal Arrests During a Divorce Proceeding
Divorces in Texas often involve decisions about child custody, property, and spousal maintenance. If one spouse is arrested during the divorce, here’s how it can factor in:
1. Property Division
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Texas is a community property state, and courts aim to divide marital property in a “just and right” manner.
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A criminal arrest — particularly for offenses involving fraud, theft, or violence — may be considered by the court in deciding who should get what.
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If community funds were used in connection with the criminal conduct (e.g., to post bond or pay for illegal activity), a court might award a disproportionate share of property to the other spouse.
2. Spousal Maintenance (Alimony)
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A criminal record can affect a person’s ability to pay spousal support — but it doesn’t automatically excuse them from financial obligations.
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If the arrest leads to unemployment or incarceration, the court may weigh those changes during the case.
Criminal Arrests and Child Custody in Texas
Child custody (called “conservatorship” in Texas law) decisions are based on the best interest of the child. A criminal arrest can have significant consequences, especially if it involves:
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Family violence
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Substance abuse
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Child endangerment
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Sexual offenses
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Repeat or recent criminal conduct
Texas Family Code § 153.004 requires courts to restrict or deny access to a child if there’s a history or pattern of family violence. Even one arrest — if serious enough — may trigger supervised visitation or limited rights.
1. Temporary Orders
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If an arrest occurs while a custody case is pending, the court may issue temporary restraining orders or temporary custody modifications.
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This can happen quickly and may limit a parent’s time or access until further hearings are held.
2. Final Custody Orders
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The court will consider whether the arrested parent presents any risk to the child’s physical or emotional well-being.
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If there is a protective order tied to the arrest, it can weigh heavily in the final custody determination.
3. Supervised Visitation or Limited Possession
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The court may order supervised visitation, especially when the arrest involved violence, drug use, or behavior that could endanger a child.
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In some cases, a parent may temporarily lose all access rights until they complete rehabilitation, counseling, or court-ordered programs.
What If the Criminal Case Is Still Pending?
Even if a person hasn’t been convicted, the fact of the arrest itself may still be considered by the family court, especially if there is accompanying evidence of danger or instability. Family courts operate under a lower evidentiary standard than criminal courts (preponderance of the evidence vs. beyond a reasonable doubt), so the outcome of the criminal case may not control the outcome in family court.
Key Takeaways
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A criminal arrest — especially for violent or drug-related offenses — can impact how Texas courts rule in divorce and custody cases.
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Family court judges have wide discretion to limit visitation or alter custody terms to protect the best interest of the child.
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Even pending criminal cases, without a conviction, may influence temporary and final family law orders.
This blog is meant for general informational purposes only and is not intended as legal advice.
Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469.
