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Barbara L. Jouette, Attorney, P.C.
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How your felony conviction affects your custody rights

Large portions of the adults in the Texas have spent time in prison and many have been convicted of a felony. Depending on the nature of the crime, it is still possible to retain custody rights after your conviction. Many Texas parents have a criminal background and overcome to raise loving children.

There are some crimes that will steer a jury in the direction of terminating the child custody rights of a parent who has been convicted of a serious crime. These include examples such as child abuse, violent crimes and sexual felonies — especially those that involved a child. If a person has committed several crimes over a period of time, or has a history of violent behavior, the court might remove custody, but allow visitation. All situations are decided at the discretion of legal authorities.

Legal custody allows the parent to remain active in making important decisions in the child’s life. These include making medical and educational decisions, but having legal custody does not give rights for visitation or physical custody; physical custody means that the child will live with the parent full time, or at least for a majority of the time.

A parent who is convicted of a crime might have legal or physical custody, or simply none at all. The court system will decide if the parent is fit and able to safely retain custody of their child. If you would like more information on this topic, speaking to an experienced attorney. This post is only an overview of child custody rights and should not be taken as legal advice.

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