Can My Husband Get Custody Of Our Kids After His Arrest?

I’m in a very difficult situation and would really appreciate some legal insight.

Yesterday, my husband was arrested for hitting me in front of our two daughters (ages 3 years and 20 months). This was the first time he physically hurt me, but he has a history of violent outbursts—punching walls, breaking things, and even damaging my car in the past.

When the incident happened, I was holding our youngest, and my 3-year-old saw the entire thing. She was inconsolable and completely terrified. After the incident, I called my mom, and she urged me to call the police. He was arrested, charges were filed, and a restraining order was put in place.

He has a history of substance abuse and just recently celebrated 8 months of sobriety after 10 years of destructive alcohol use. He’s had two DUIs (one of which he’s still dealing with the legal consequences of), and his past behavior has been extremely unpredictable and volatile.

That said, he’s the primary breadwinner, pays for everything (our home, kids’ activities, private school), and works very hard. I’m a nurse working part-time, but financially, I can’t maintain our current lifestyle without him. He’s also never been very involved in caring for our children—he’s watched them by himself less than five times in the last year.

He’s already told me he plans to get a divorce attorney and fight for custody of the kids. I’m terrified at the thought of him having unsupervised access to them. The thought of what could happen if he loses control around them haunts me.

Given the situation and his arrest, how likely is it that he could get custody in Texas? Can I request supervised visitation for the safety of my children? I’m looking for advice on how to protect them through this legal process.

Any guidance or suggestions would be greatly appreciated. Thank you.