Child endangerment is a serious charge that comes with steep consequences for those convicted, but beyond the fines and prison time, can you lose custody for child endangerment in Texas? The short answer is: yes. You can lose custody of your children for being convicted of child endangerment.
If you’re in the middle of a custody battle or already share custody of your children, you need to hire an attorney who can tell your side of the story (and one who knows how to get a child endangerment charge dropped) if you expect to keep your family together.
Those who have been charged with child endangerment in Texas don’t have much time. Juries in Texas courts will decide you’re guilty before you even get your chance to explain. Make sure that your rights are respected and that you get a fair shot by calling Thiessen Law Firm today at (713) 864-9000 for serious representation.
What is considered child endangerment in Texas?
What is child endangerment? The child endangerment Texas Penal Code found in Texas Penal Code § 22.041 states that a person commits an Abandoning or Endangering offense if they:
- “Having custody, care, or control of a child, elderly individual, or disabled individual, intentionally abandoning the child or individual in any place under circumstances that expose the child or individual to an unreasonable risk of harm.”
- “Intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engage in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment.”
This means that a child does not need to be harmed to be charged with child endangerment, only to be put at risk of harm. Another thing to note is that the statutory language lists mental impairment as something that can qualify as harm, making this already vague statutory language even more powerful in the hands of an overzealous prosecutor.
Some common child endangerment examples include:
- Refusing to provide food to a hungry child
- Refusing to provide medicine to a sick child
- Any form of physical or emotional abuse
- Leaving a child in someone’s care who is known to be dangerous
- Leaving a very young child alone at home or in another location
Is a DWI with a child passenger child endangerment in Texas?
Yes, the broad statutory language for Texas child endangerment does mean that DWI with a child passenger can count as child endangerment, as can an arrest for reckless driving. Even a first offense for DWI with a child passenger can see a charge for child endangerment added on.
Something to keep in mind about child endangerment charges is that oftentimes if you endanger a child’s life by breaking the law, the charges for child endangerment will be additional charges, which will be added on top of whatever crime you have committed in the first place.
So you might not only be facing a difficult custody battle but fighting two separate criminal charges. This is why it is so essential to hire an attorney who can make sure that the court has their facts straight, and can make sure that you get a fair shot.
Is child endangerment a felony in Texas?
Aside from leaving a child in a vehicle, which is charged as a Class C misdemeanor with no aggravating factors and is technically a separate charge, child endangerment is always a felony in Texas. Charges for child endangerment will vary in severity depending on the circumstances of the arrest, but a high-level overview looks like this:
- Charges are state jail felonies if the actor abandoned the child, elderly individual, or disabled individual with the intent to return for them.
- Charges are third-degree felonies if the actor abandoned the child, elderly individual, or disabled individual without intent to return for them.
- Charges are second-degree felonies if they put the child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment.
No matter what the circumstances of your arrest, if you are convicted of child endangerment you are looking at severe punishments.
What is the punishment for child endangerment in Texas?
What kind of punishment can you expect for a child endangerment conviction? What is the maximum sentence for child endangerment in Texas? While all child endangerment charges come with penalties that can be incredibly severe, not all charges are built the same.
| Charge | Jail time | Maximum fine | |
| Child Abandonment or Endangerment | State jail felony | 180 days – 2 years | $10,000 |
| Child Endangerment with Bodily Injury | Third-degree felony | 2 – 10 years | $10,000 |
| Child Endangerment with Serious Bodily Injury or Death | Second-degree felony | 2 – 20 years | $10,000 |
Although all convictions for child endangerment are severe, they are the most punitive if as a result of your actions the child, elderly individual, or disabled individual experiences bodily injury or death. In situations like these, Texas courts prosecute first and ask questions later, so if you plan on having your side of the story heard you better plan to hire a criminal lawyer with serious trial experience.
Can you lose custody of a child for endangering them?
The scary thing about child custody cases in Texas is that the court can take away custody of your children for any number of reasons. If you are currently involved in a custody battle or share joint custody in Texas, a child endangerment charge is not going to help your case with the court.
Some things that parents often lose custody of their children for include:
- Alcohol or drug abuse
- Child neglect
- Domestic violence
- Physical or sexual abuse
- Conviction for violent crimes or crimes of moral turpitude
Child endangerment charges can be brought up before investigations occur. If you are currently under suspicion of child endangerment and you plan on keeping your family together, you need to hire both a criminal and family lawyer who can help you defend your innocence.
Thiessen Law Firm can defend you against criminal charges and advocate for you in custody negotiations/civil court. You need an ally during this time of extreme vulnerability, one who can be trusted to always do what is best for you and your family, one like the attorneys at Thiessen Law Firm.
Continue reading from our family law professionals:
Texas custody laws for unmarried parents
Emergency custody orders in Texas
Call the criminal and family lawyers at Thiessen Law Firm to protect your family
Charges for child endangerment in Texas can be brought upon even the most loving parents and guardians, and do not think your intentions and history of love and kindness will get you out of them. Even if it really is all just a big misunderstanding, you need to make sure that you have an experienced and aggressive attorney by your side who can make sure your rights are protected in a court of law.
The custody of your children may be on the line when you face any criminal charge, so hiring a compassionate and skilled child custody lawyer in Houston should be your next move. You need to make sure that your rights and your family are protected during this fraught time.
Charged with child endangerment in Texas and need someone in your corner? Call the attorneys at Thiessen Law Firm today at (713) 864-9000 or contact us online to protect your family.
More Helpful Articles by Thiessen Law Firm:
- What You Need to Know About Getting Your 4th DWI in Texas
- What Happens After a DWI Second Offense in Texas?
- What Is an Aggravated DWI in Texas?
- How to Stop Child Support Payments in Texas
- What DWI Probation Looks Like
