Child custody, known as conservatorship in Texas, is intended to maintain a child’s relationship with both parents after divorce, regardless of where the child primarily lives. However, many factors can limit custody or even result in a parent losing the ability to see or make decisions about their child. One recent example involves a Brazoria County case that could significantly change how a parent’s criminal history threatens their parental rights.
Below, the Pearland child custody lawyers from Terry & Roberts Law discuss this case and what you need to know about parental rights and custody in Texas viewed through the lens of a June 2025 Texas Supreme Court ruling.
Texas Courts Can Terminate Parental Rights in Some Instances
In Texas, the court assumes that both parents deserve conservatorship of their children unless there are mitigating circumstances. Both parents can typically make decisions about a child’s education, religious upbringing, and medical treatment. However, a parent can lose their conservatorship rights if they are unable to provide a safe and secure home for the child.
The other parent can petition the court to amend the custody order to receive sole conservatorship, but in extreme cases, they may request that the court terminate the other parent’s parental rights under Texas family law. While parents can choose to end or waive their parental rights voluntarily, it is exceedingly rare for a court to involuntarily remove them.
The Texas Department of Family and Protective Services (DFPS) takes these cases very seriously. According to Stary v. Etheridge, recently decided by the Texas Supreme Court, the burden of proof to do so is very high. Defending yourself against an attempt to terminate your parental rights requires legal representation from a firm with extensive experience in this field.
A Brazoria Father With a Criminal History Appeals His Parental Rights Termination
In 2021, a five-year-old (designated N.L.S.) was living with their mother when circumstances required DFPS to intervene. DFPS initiated a suit to terminate parental rights for both the mother and father, but only the father appealed the decision. The father presented his case to the First Circuit Court of Appeals, which reversed the initial judgment that terminated his parental rights.
DFPS then requested that the Texas Supreme Court review the appellate court’s decision. In June 2025, six of the justices upheld the reversal, determining that DFPS provided legally sufficient evidence to meet the “clear and convincing evidence” standard. According to the child’s guardian ad litem, the father’s extensive criminal history “subjected (N.L.S.) to a life of uncertainty and instability that endangered (N.L.S.’s) physical and emotional well-being.”
Texas Supreme Court Chief Justice Blacklock, Justice Devine, and Justice Sullivan filed a dissenting opinion. They argued that the Supreme Court inappropriately expanded the definition of the “pivotal statutory word ‘endangered.’” The justices chided the court for accepting the review, emphasizing that there are “many, too many, problems with our child welfare system”, and that “an overabundance of successful appeals by parents whose rights have been terminated is not among those problems.”
How Could the Brazoria County Case Impact Future Parental Rights Termination Cases?
Although the case ultimately ended with DFPS successfully terminating the father’s rights, its potential influence on future cases remains uncertain. While every custody case is decided on its own merits, legal precedent plays a powerful role.
Achieving involuntary termination by DFPS or the other parent requires a court order demonstrating that the other parent is unfit. The court’s decision must always reflect the best interests of the child, which can be harmed by a parent’s history of the following:
- Violent crimes
- Domestic violence or child abuse
- Sex-based crimes, particularly involving minors
- Drug offenses and substance abuse
- Theft and fraud
The severity and recency of charges or convictions also play a role. If the parent can show a history of rehabilitation and lifestyle change, they may strengthen their case to retain their rights. Nonetheless, convictions for assault, murder, and other violent felonies often carry lasting weight in court decisions.
Criminal History Can Definitely Affect Child Conservatorship
Under Texas Family Code § 153.005, family courts can consider a parent’s “history or pattern of past or present child neglect, or physical or sexual abuse” when issuing child conservatorship orders. The court may allow only supervised visitation until the parent demonstrates their ability to provide a safe environment for the child.
If one parent seeks a divorce under Texas Family Code § 6.004 on the grounds that their spouse was convicted of a felony, the court may consider this when assigning conservatorship.
Another issue that can affect parental rights is incarceration—especially when there is a pattern of imprisonment. In the case of N.L.S., the father had been in prison at the time of the child’s birth, with only intermittent contact when the father was not in state custody. This inconsistency, coupled with convictions, can be highly detrimental to a parent’s attempts to maintain a connection with their child.
Turn to Experienced Pearland Child Custody Lawyers to Discuss Your Parental Rights
If you are going through divorce, managing child custody orders, or facing the potential loss of your parental rights in Texas, our family law team is here for you. We can listen to your case, examine the evidence, and help you build a powerful rebuttal to maintain access to your children. Instead of giving up, let us be your trustworthy legal advocate to protect your ability to see your loved ones.
With locations in Pearland and Angleton, we offer compassionate and thorough guidance on Texas divorce, conservatorship, and parental rights laws. Contact us using our online form to schedule a consultation with Terry & Roberts Law today.