If he is on probation for domestic violence, he's got very little chance of getting custody of your children. Talk to an experienced family law attorney in Corpus. You'll feel better after you do.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
Sounds like the criminal court is now saying that he is not prohibited from contact with the children. Does not mean he gets the children or that any custody order from a family court is in any way altered; just that before he had no contact and now the criminal court is not forbidding it.