Texas
Can I Get Full Custody in Texas if My Ex's New Partner Has a Criminal Record?
Quick answer
A co-parent's new boyfriend or girlfriend with a serious criminal history is one of the most common reasons parents ask about changing custody in Texas. Courts do take it seriously, but only when it is presented the right way.
Last updated June 2026
What "Full Custody" Actually Means in Texas
Texas does not use the word custody in its orders. What most people call full custody is sole managing conservatorship, which gives one parent the exclusive right to make major decisions about the child and usually primary possession. The other parent typically still gets some visitation, often supervised if there are safety concerns.
Texas courts start from a presumption that both parents should share these rights as joint managing conservators. To move from a 50/50 arrangement to sole managing conservatorship, a parent has to overcome that presumption with real evidence that the current arrangement puts the child at risk, not just discomfort with the other parent's choices.
How Judges Weigh a New Partner's Criminal History
The record itself matters less than the risk it creates for the child. Judges look at what the offenses were (violence, weapons, drugs, and anything involving children weigh heaviest), how recent they are, whether the person is on probation or parole, and how much unsupervised access they have to the child. A felon with a recent gun charge who is regularly around a young child is a very different case than an old nonviolent conviction.
Appearance is not evidence. Tattoos, rumors, or suspected gang ties will not move a judge on their own. Certified criminal records, arrest reports, probation conditions, and a clear timeline showing when the person is around the child are what courts can actually act on. Criminal records in Texas are public, and an attorney can pull certified copies that are admissible in court.
The Legal Standard: Material and Substantial Change
When there is already a custody order in place, a parent asking to change it must show a material and substantial change in circumstances since the last order, and that the change they are requesting is in the child's best interest. A co-parent moving a new partner with a serious criminal history into the child's life can qualify, especially when it happened fast and the child is being exposed to that person.
If a parent believes the child is in immediate danger, Texas courts can issue temporary emergency orders that change possession quickly while the full case moves forward. That is a high bar, and it requires specific sworn facts, not general worry. This is exactly the kind of decision to make with an attorney rather than alone.
Steps to Take and Mistakes to Avoid
Document everything in writing: dates the partner was around the child, anything the child reports, and communication with the co-parent (keep it calm and factual, because those messages get read in court). Save records rather than screenshots alone where possible, and keep the timeline organized.
Avoid the mistakes that hurt otherwise strong cases. Do not confront the new partner or the co-parent, do not withhold the child outside of a true emergency, and do not vent about the situation to the child or on social media. Judges reward the parent who stayed steady and followed the order while raising concerns through the court.
Tools and resources
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.