LdiJ
Senior Member
I understand the standard for TX, however even the standard for TX doesn't give him any realistic chance at full custody. The standard for TX is joint legal, as you pointed out.Mom will be hurt by her PERSONAL behavior much more then dad will be by his WORK schedule. What may be a legal normality in most states is usually just the opposite in Texas. California lawyers complain about how screwed up the Texas court system is.
The STANDARD for Texas is joint LEGAL custody, with one parent being named "managing conservator" and the other parent getting EOW visitation. While, overall, mothers do end up as the managing conservator more often then fathers in Texas, the courts tend to be VERY hard on mothers that put their personal lives ahead of the children's needs. Mom's habit of disappearing for days while she goes out to party will be a tremendous blow if she is asking for primary custody. A Judge will recognize that a child is better off in daycare then with a mother that may disappear at the drop of a hat. The fact that he calls the in-laws to babysit when mom's a no-show only helps his case.
If it were me, I would file for a divorce, a TRO to remove mom from the house, temporary custody and temporary child support. As a MARRIED couple, proving mom is legally unfit is NOT necessary in order to get custody. All that needs to be proven is that the OP is MORE capable of caring for the child at this time.
While I do understand that mom's personal behavior is a factor, he does have to be able to prove that in order to use it. In addition, even in TX there are non-traditional/non-standard parenting schedules that are ordered by courts or agreed to by parties.
If mom is going to be living with the grandparents (which seems to be what was implied), the child would certainly be better off spending weekends there, rather than in a 24 hour daycare. Dad works EVERY weekend.
I find this mother no more sympathetic than anyone else, however I would hate to see this child spend that much time in daycare, if there is another alternative.