Can I Be Arrested in Texas for Kicking My Child Out of My House?

 Posted on October 09, 2024 in Criminal Law

Parents sometimes joke that they wish their child came with a user’s manual. In truth, parenting can be challenging, partly because every child is different and reacts differently to various situations. Some children listen when their parents tell them not to do something. Others ignore their parents’ rules. All parents are different, too, and they react to their misbehaving children in different ways.

In some situations, a parent might find it necessary to lock their child outside the house. However, in Texas, this might result in criminal charges of child endangerment. A recent case highlights the possible legal consequences for a parent who kicks their child out of the house. Raising a rebellious teen can feel like an uphill battle, but a knowledgeable Dallas, TX criminal defense attorney can advise you on how to protect yourself and your rights in a criminal case.

What Is Child Endangerment?

According to Texas law, child endangerment is when someone:

• Knowingly does something that places a child under 15 in imminent danger of death, injury, or mental or physical harm.

• Knowingly abandons a child under 15, exposing that child to an unreasonable risk of harm by leaving him or her without reasonable and necessary care.

Is It Child Endangerment to Kick My Child Out?

Under certain circumstances, you could face charges of child endangerment for locking your child out of your house. For example, if you live in a crime-heavy area and keeping your child outside means you are exposing them to danger, that would be a potential child endangerment case.

If a child is locked outside for an entire night without food, sanitary conditions, or other sleeping arrangements, that could pose a risk to the child’s health and could also be considered child endangerment. If you tell your child they cannot stay at home and have a relative pick them up and take them to their home instead, you would not likely face child endangerment charges.

How Is Child Endangerment Punished?

If you are convicted of child endangerment, the specific penalties you receive depend on the circumstances of the case:

• If you allegedly abandoned your child but intended to come back, you could be charged with a state felony and sentenced to six months to two years in jail and a fine of up to $10,000.

• If you are accused of not intending to return for your child, you could be charged with a third-degree felony and sentenced to two to 10 years in prison and a fine of up to $10,000.

• If you are accused of leaving your child under circumstances that a reasonable adult would consider an imminent risk to the child, you could be charged with a second-degree felony and sentenced to two to 20 years in prison and a fine of up to $10,000.

Contact a Tarrant County, TX Child Abuse Defense Lawyer

If you are facing charges of child endangerment simply for attempting to discipline your rebellious child, a knowledgeable Dallas, TX criminal defense attorney can help. With over 25 years of experience defending clients against all types of charges, the Law Office of Michelle Poblenz can advocate for your rights with the passion and dedication that we are known for. Attorney Poblenz uses her former background as a prosecutor to help build strong cases with attention to detail. Call 469-845-3031 to schedule a private consultation.