Attorney
Few things are more frightening than facing criminal charges—except perhaps facing those charges while trying to protect your relationship with your child. In Texas, criminal accusations can quickly complicate or even jeopardize your parental rights, whether you’re dealing with child custody, visitation, or ongoing family court proceedings.
At Navarrete & Schwartz, P.C., we understand how high the stakes are when your freedom and your family are on the line. We help parents in Midland and Odessa protect their rights and navigate both the criminal and family court systems—because being accused of a crime doesn’t mean you stop being a parent.
How Criminal Charges Can Impact Your Parental Rights
Criminal accusations—especially those involving family violence, drugs, or child endangerment—can have a direct and immediate impact on your custody and visitation rights. Even if the charges are still pending and have not led to a conviction, family courts in Texas will often act cautiously to protect the child.
Depending on the nature of the accusations, the court may:
- Suspend or restrict your visitation rights
- Require supervised visitation only
- Modify or temporarily revoke your custody arrangement
- Issue protective orders that prevent contact with the other parent or child
In some cases, these restrictions may be imposed before you’ve even had the chance to defend yourself in criminal court. That’s why it’s essential to take swift legal action to protect both your reputation and your role in your child’s life.
You Are Still Presumed Innocent
It’s important to remember—and to remind the court—that you are presumed innocent until proven guilty. However, family court decisions are not based on the same legal standard as criminal court. In criminal court, the prosecution must prove guilt “beyond a reasonable doubt.” In family court, decisions are based on the best interests of the child, which gives judges broad discretion.
This lower threshold means that even unproven allegations can be enough to alter custody or visitation rights temporarily. That’s why legal strategy and timing are critical in these cases.
Types of Criminal Charges That Can Affect Custody
Not all criminal charges will affect parental rights in the same way. However, courts in Midland and Odessa are likely to scrutinize a parent’s fitness if the charges involve:
- Domestic violence
- Assault or aggravated assault
- Child abuse or neglect
- Sexual offenses
- Drug possession or trafficking
- DWI (especially with a child in the vehicle)
- Weapons charges
Even less serious charges can become relevant if they paint a picture of instability or irresponsibility. A history of arrests, even without convictions, may be raised by the opposing party to question your parental fitness.
Defending Your Rights in Family Court
While your criminal defense attorney will focus on clearing your name in criminal court, you also need a family law attorney who understands how to defend your parental rights during this time. At Navarrete & Schwartz, P.C., we coordinate legal strategies across both areas to provide comprehensive representation.
Here’s how we help:
- Challenging temporary orders: If the other parent has requested a temporary modification to custody or visitation based on criminal allegations, we can challenge the motion and argue for fair access to your child.
- Providing context: Not all arrests or charges tell the whole story. We present evidence of your involvement in your child’s life, your parenting record, and any rehabilitation or mitigating circumstances.
- Negotiating parenting plans: If restrictions are temporarily put in place, we work to ensure they are reasonable, specific, and include steps for reinstating your full rights.
- Protecting your due process: We push back against knee-jerk decisions based on allegations alone and fight for a process that respects your legal rights.
Our team works closely with clients to prepare strong, factual arguments that emphasize your continued commitment to your child’s well-being—even while defending yourself in criminal court.
What to Do if You’re Arrested or Accused
If you are arrested or accused of a crime and share custody of a child, take the following steps:
- Contact an attorney immediately: Ideally, find legal counsel with experience in both criminal and family law.
- Do not violate any court orders: Even if you believe the restrictions are unfair, violating them can backfire and hurt your case.
- Keep a record of your parenting efforts: Document all communication with your child, parenting responsibilities, and efforts to remain involved.
- Be cautious about communication with your co-parent: Anything you say can potentially be used against you in either court.
- Comply with bond conditions or protective orders: Showing that you take the legal process seriously can work in your favor.
Protecting Your Future—and Your Family
Being accused of a crime is stressful enough on its own. When your role as a parent is suddenly called into question, it can feel overwhelming and unfair. At Navarrete & Schwartz, P.C., we help parents in Midland and Odessa stand strong in the face of criminal allegations. Our team works hard to protect what matters most—your rights, your reputation, and your role in your child’s life.
If you’re facing criminal charges and are worried about losing access to your child, don’t wait. Contact Navarrete & Schwartz, P.C. today to schedule a confidential consultation and take the first step toward safeguarding your parental rights.