Can Drug Charges Affect My Child Custody Case in Texas?

Fighting a child custody case isn’t easy. As you and your partner struggle to find the most suitable arrangement for your child, the situation can get out of hand because sometimes divorce can be messy.

Both parents want maximum time with their children, and they fight hard to claim it. However, the outcome is rarely ideal for both parents.

If you were recently arrested for drug possession, manufacturing, trafficking, or any other related crime, you might wonder whether the charges will affect your child custody case in Texas. According to criminal defense attorney JL Carpenter, they can, but it depends on the charges and the circumstances.

1. A Slippery Slope

If you’re fighting a child custody case, you’re expected to be a fit parent. This is the ideal scenario that will help you achieve a favorable outcome. If you’re arrested for a drug crime, you may lose your visitation rights or only get supervised visitation.

The court doesn’t take drug crimes lightly. If you create, use, or transport drugs, you are:

  1. a) risking your own health,
  2. b) putting the health and safety of your child at risk,
  3. c) creating a dangerous environment for your child,
  4. d) exposing the child to illegal drugs, and e) increasing the risk of neglect.

Under Texas law, the child’s best interest is always a priority. Judges are very reluctant to grant custody to parents who use drugs. In short, yes, drug charges can negatively affect your child custody case in Texas.

Recommended Read: 3 Critical Steps to Take If You Get Charged With Drug Possession in Texas

2. Aren’t My Records Private?

A courthouse somewhere in Texas, with wood paneling and antique light fixtures.

While your health and medical records are private, your arrest record is not. Texas courts have the right to review them when you’re charged with a crime including n abuse, neglect, or domestic violence cases. The court can order full disclosure of all your records, including rehab records.

3. What Should I Do if I’m Facing Drug Charges?

If you’re facing drug charges in the middle of your child custody case, reach out to an experienced, qualified, and detail-oriented criminal defense lawyer as soon as possible to start an aggressive defense.

You’re in a very tricky situation that can get worse if you don’t fight to establish your innocence. As your civil lawyer collects critical evidence to prove that you’re a fit parent, your criminal lawyer will be defending you with the goal of getting your charges dismissed and putting you in more favorable light with the civil courts.

Attorney JL Carpenter builds a strong case for her clients in the Greater Houston area (including Friendswood and Clear Lake). Over the years, she has defended numerous clients facing DWI, drug possession, family violence, and domestic violence charges.

Click here to contact her today and to schedule a consultation. With a strong focus on seeking justice, JL’s  track record speaks volumes about her commitment to seeking favorable outcomes for her clients.