What Can I Do If My Ex Made False Endangerment Claims in Our Texas Custody Case?
Start a free AI-assisted chat and connect with an experienced Texas attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My son's mother has custody of him, but she lied to the court, claiming I was a danger to him, without any police records or proof to back it up.
Attorney Answer
Texas courts decide custody based on the child's best interest, not on unproven accusations, so an allegation without police records or other proof does not automatically control the outcome. If a temporary or final order already gives your son's mother custody (called conservatorship in Texas), that does not mean the situation is permanent or that the claim against you was ever tested at a real hearing.
Under Texas Family Code Chapter 153, the court's guiding standard is always the best interest of the child, and a parent is presumed to be entitled to a normal parent-child relationship unless there is credible evidence otherwise. If you believe the endangerment claim was untrue, you generally have the right to a hearing where you can present your own evidence and question the basis for the claim.
If circumstances have changed since the last order, or the current order rests on an unproven claim, you may be able to file a petition to modify conservatorship or possession and access under Texas Family Code Chapter 156. To succeed, you typically need to show a material and substantial change in circumstances and that the change you're asking for serves your son's best interest.
What you can do
1. Request copies of the court file, including any affidavits or evidence the mother submitted about the endangerment claim. 2. Gather your own evidence: character witnesses, work records, communications with your son, and anything showing consistent, safe involvement in his life. 3. Ask about requesting an amicus attorney or guardian ad litem, who can independently investigate and report to the court. 4. Consider filing a motion to modify if there has been a real change since the last order, or request a hearing if the claim was never properly tested. 5. Keep all communication with your son's mother calm and in writing.
This is general legal information, not legal advice. A Texas family law attorney can review your court file and advise you on the specific steps to take in your case.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Texas
- File or look up a case through the Texas Judicial Branch, which serves the state.
- Get free civil legal help from TexasLawHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
What happens if a parent makes a false claim of endangerment in a Texas custody case?
If the claim is never backed up with evidence, it should not carry more weight than unproven testimony. Texas also treats a knowingly false report of abuse or neglect made to a child welfare agency as a serious matter, which can be relevant if a report was made outside of court as well.
Can I get custody or visitation changed if the claims against me turn out to be unproven?
Yes, if you can show a material and substantial change in circumstances since the last order, Texas courts can modify conservatorship or the possession schedule under Family Code Chapter 156. The court looks at what serves your child's best interest going forward, not just what happened in the past.
What evidence helps me defend against unproven endangerment claims?
Useful evidence often includes police or CPS records (or the lack of any), witness statements, consistent proof of safe parenting time, and communications that contradict the claim. A parenting evaluation or a court-appointed amicus attorney can also give the judge an independent view.
