Legal Question in Family Law in Texas

He can file for divorce and seek full custody or he can file a Suit Affecting Parent Child Relationship (SAPCR). He needs to consult a family law attorney.

If there are no orders in place right now designating parenting time and parenting rights as between your boyfriend and his ex-wife, he could begin divorce proceedings and request temporary orders placing the child into his primary care. Depending on what county he lives in, temporary orders can be heard relatively quickly (2 to 6 weeks after filing).

If your boyfriend and his wife are already divorced, he will need to file for a modification of the current orders. Beware that there are time restrictions and higher burdens of proof if the orders in effect now are less than a year old.

If he truly believes that mom is unfit and that the child is in danger, he needs to get a family law attorney to assist him. Unfortunately, its a complicated system and the judge's expect a person doing it without an attorney will know all of the rules of evidence and procedure, just like an attorney, and the result can be disasterous.

I hope that helps.