The question to be answered will be “Why do you want to?” From your point of view, the answer may be obvious, but there are some things I won’t assume in order to hopefully give you the resources you need to get custody. For example, I won’t assume you already know exactly what “custody” means in Texas. You are probably talking about “conservatorship” or you may want to adopt the child. We’ll discuss both, as well as what types of custody there are in Texas. But one important thing I am assuming is that you are presently in a relationship with your boyfriend, and you are not trying to reduce his parental rights. If there are other issues, such as the boyfriend (or the mother of the child) being an unfit parent, or otherwise not entitled to what you’re calling ‘custody,’ those issues are entirely separate from what I’m going to assume here.
 
Fortunately, there are also some low-cost legal services with family law skills in giving you help, to address the child’s needs: http://texaslawhelp.org/.
 
Types Of Child Custody In Texas
 
Many people use the wrong words to describe “custody.” Actually, Texas never even uses the word “custody” in the Texas family code. Here’s a guide that talks about the types of guardianship of kids and why a “nurturing” environment is supposed to be the priority in settling a child’s primary home. http://www.hba.org/folder-services/ pdfs/Family-English.pdf. In many ways, ‘custody’ in Texas is based on what are the needs of child care? You may have a child who needs frequent trips to a doctor, whether a medical doctor or an orthodontist or a psychologist. Increasingly, the person accompanying the child is just dating the parent, but acting as a sort of caregiver. What happens, for example, if there’s a need for you to give medical consent: is it implied by having control of the child? If this describes your role, you’ll need to document it, and it will help you get conservatorship. But it also affects other people’s rights, too.
 
Here’s an excellent case, talking about a change in conservatorship, when the mother was “unable to distinguish her interests from the child’s.”
 
Non-Relative Custody In Texas
As with most other states, Texas prefers to see custody go to a relative of the biological parents. I’d suggest you read the following case, to see how a parent may have surrendered conservatorship….and as so often happens, to a grandparent.
 
1) The Mother didn’t provide any support for her child for a long period of time; 2) there was a history of violence between the Mother and Father, and likely violence between them in the future meant a dangerous circumstance for the child; and 3) Mother relinquished the child to someone. http://caselaw.findlaw.com/tx-court-of-appeals/1013088.html.
 
What is especially interesting in this case is to notice the mother eventually challenged the idea of “relinquishing” the child. If you can document your time and expense in providing for the child, this can help support your claim for conservatorship. What you must be ready for is whether the mother or the grandparents are likely to also intervene in any custody proceeding you begin. Here’s a summary of grandparents’ rights in Texas… https://www.oag. state.tx.us/elder/ grandparents.shtml. I’d also recommend you check the records of the Texas family court system and see if there have been prior custody proceedings involving the child.
 
There are reasons (besides relinquishment) someone who is significant to the child’s well being (and this seems to be the case with you) may get conservatorship. Texas uses as a guiding principle the idea of “the child’s best interests.” It may happen that you have been involved in the child’s care for almost his (or her) entire life. The child may even view you as a “parent.” And as the child gets older and older, their wishes in custody will become more important.