Accused of child abuse in a custody case? Get criminal defense focused on the charges.

Where you are right now

A child abuse allegation made during a custody fight can open a criminal case, a CPS case and a family court case at the same time. The Children’s Advocacy Centers of Texas guide describes how a report is made and how DFPS and law enforcement respond.

You may be reading this after an arrest, a bond hearing or a letter you didn’t expect. The criminal case and the custody case run on separate tracks. They still draw on the same statements, people and records.

This page explains each step of a child abuse allegation custody case Texas defense. It covers the charge, how the allegation moves through custody, the defense steps, how to protect your time with your children, and what happens after you reach out. A first-degree felony is serious. Read every document you receive with a lawyer.

What a first-degree felony child sex charge carries under Texas law

A first-degree felony carries life, or a term of 5 to 99 years, plus a fine of up to $10,000. That range comes from Texas Penal Code § 12.32.

Some charges carry their own ranges. Continuous sexual abuse of a young child under § 21.02 is a first-degree felony. The range is life, or 25 to 99 years. Indecency with a child under § 21.11 is a second-degree felony for sexual contact. Online solicitation of a minor under § 33.021 is a second-degree felony for soliciting a meeting for sexual contact.

Sex offender registration falls under Chapter 62. Under art. 62.001, a sexually violent offense includes § 21.02, § 21.11(a)(1) and § 22.011 or § 22.021 when the person is 17 or older. Which statute appears in your charge matters, so review it with your lawyer.

Gather these documents now:

• The complaint or indictment
• Your bond conditions
• Any protective order
• Any CPS or family court papers

How the allegation moves through a custody case

A report can start the process. Temporary orders can limit your time while the facts are still unclear. DFPS describes how a CPS investigation about a child’s welfare differs from a law-enforcement criminal investigation.

Typically, the sequence looks like this:

• A report goes to CPS, law enforcement or both.
• The child may have a forensic interview at a Children’s Advocacy Center.
• Questions about possession or contact can come up while a case is pending, and your lawyer can explain how they may apply to you.
• Police and prosecutors may open a criminal investigation.

Coordinate every statement before you sign anything.

Defense steps: testing the accusation and the evidence

A child abuse allegation custody case Texas defense tests the accusation against the evidence. It does not assume either side is telling the truth. Each step below is checked against your exact charge.

• Outcry timeline. Build a record of when the child first spoke, to whom, in what words, and what questions came before.
• Interview review. Check any recording of the forensic interview for questions that suggest an answer, repeated interviews and whether the protocol was followed.
• Custody motive. Compare the report’s timing with court filings, the divorce timeline and earlier disputes over possession.
• Records. Review medical exams, school or daycare records and the child’s earlier statements to others.
• Digital evidence. Review texts, social media, phone and location records for what they support and what they contradict.
• Online sting. Review who started the contact, what was said, what identity was shown and whether the record shows the intent the charge requires.

Sting cases raise specific questions. Entrapment is a defense when a law enforcement agent induces the conduct using persuasion or other means likely to cause persons to commit the offense. Giving someone an opportunity to commit an offense is not entrapment. See § 8.06.

Protecting your time with your children while the case is open

The safest way to protect your time is to follow every bond condition and court order exactly. Under § 25.07, violating a bond condition in a family violence, sexual assault or abuse case is an offense only in specified ways (such as committing family violence, prohibited communication, going to listed places, or possessing a firearm) and only when the condition relates to the safety of a victim or the community. That includes going near a school, child care facility or residence the order names. An officer may not arrest the protected person for violating that order.

Protect your position in these ways:

• Don’t discuss the allegation with the child, the other parent or relatives.
• Don’t post about the case online.
• Keep a dated log of parenting time, messages and court dates for your lawyer only.
• Bring every custody order to your first meeting.

A closed CPS file can still matter. A DFPS investigation can run at the same time as a divorce, custody fight or criminal case, and your lawyer can explain how it may affect you.

What to expect from the first consultation through case planning

Your first step is a free initial consultation that is confidential and carries no obligation to continue.

1. Consultation. Bring the charge papers, bond paperwork, custody orders, CPS letters and a written timeline in your own words.
2. Review. Read the evidence the prosecution has, ask for recordings and records, and list what is still missing.
3. Planning. The lawyer explains the charge, the range of options and the decisions that belong to you.

The timeline depends on the court calendar and the evidence produced. The lawyer explains each stage as it arrives.

Why Barbieri Law Firm for a child sex crime or sting case

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses across Collin County, the Dallas-Fort Worth area and Texas.

The firm’s lawyers include Heather Barbieri and Carrie Thomas. Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

The firm’s work covers:

• Child sex crimes defense
• Online sex crimes defense
• Sexual assault defense
• Family violence defense

The firm reviews the accusation, the evidence and the charge, and explains your options. No lawyer can say in advance how your case will end.

Questions a man in this position often asks

Most men in this position ask what the charge carries, how long registration lasts and what to say to police or CPS.

Talk to Heather Barbieri about your case

The next step is to send your charge and custody papers to Barbieri Law Firm, so the accusation can be reviewed.

You’re reading this at a hard time. A charge or accusation you didn’t choose can put your children’s schedule in question. You don’t have to sort through it alone.

Call (972) 424-1902 or send your case details.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.