Texas - Unmarried parents, who has custody?

[clhend]

What is the name of your state? Texas
My neice and her boyfriend had a baby (8 months ago). They've now split, acrimoniously. Since birth the baby has been with her mother. A couple of weeks ago she allow the father to take the baby for a week. When he brought her back, the two of them got into an argument. The mother had been drinking (dumb). The fight escalated into a physical altercation. She called the police and because she was the one obviously intoxicated, and with a prior conviction of assault, she was arrested.
Now the ex-boyfriend is threatening to keep the baby. He has no job and plans on going on welfare to take care of the baby.
The mother has been holding down a job and paying for childcare, plus has a family support network, that he lacks where he lives.
The mother has agreed to counseling and has gone through an intervention.
What are her rights as the mother? Can he take the baby?What is the name of your state?

 

[panther10758]

In the eyes of the law both parents have equal rights to child. Neither will likely be granted sole custody. Who has physical custody the courts can decide. Her arrest history will play into this I am sure as Dad will likely bring it up. Her having a job will work in her favor as well. No one here can tell you who will prevail

 

[fairisfair]

hey, Hold on just a minute, we don't even know if boyfriend is the legal father of this child. Unless he is, he doesn't even have the right yet to petition for custody, let alone, snatch it.

 

[panther10758]

You are correct fair my bad.

 

[nextwife]

What is the name of your state? Texas
My neice and her boyfriend had a baby

Has BF been legally established as the father?