Father's custody rights in Texas?


My son has a 5 yr old daughter. He was never married to her mother. When daughter be 3 mos. old they went to court for child support. The Atty General handled everything. Mom be given custody of child. Child is now 5 yrs old, the mother has be living with the child at her parents house. In the last 5 yrs the mom has lived w/her boyfriend for at most minuscule 2 yrs and has left the grandparents to raise daughter. They enjoy joint custody but mom is the "primary". My son has asked several times if daughter could come live with him and he could become primary. He have been more involved in her life. They (grandparents are involved) hold said no that mom is a good mom and there all the time for her daughter. Since later the mom has admitted to my son (on tape) that she was on Meth. from the time daughter be 3 mos old to just recently. She is only just ever around. She also stated (on tape) that her mother (grandma) has controlled everything. My son had a few legal problems (marijuana) several years ago but not since. He is 25, is going to arts school full time, has been offered a presidential scholarship from the college and is trying to acquire into a work study program. He has his own place & I am helping with finances until he can get thru conservatory. One attorney has told me that because of his prior legal problems, no job right very soon and the fact that his daughter has lived with grandparents for closing 5 yrs that even if he could prove mother is unfit and their daughter would be in a better enviroment with him, that the grandparents could sue for custody and could very in good health win. I do not understand how they could do this if his daughter living with them is only due to her mother not wanting to pinch on the responsibility. He has talked to them several times about her living near him and they have not wanted to work this out. Mom has have 5 years to get it together and he wants to raise their child but in a minute I am being told that the grandparents can try to get custody and could. What about the "parents" rights? The first time they go to court, they didn't say anyone was unfit. They put her in her mother's custody because they be never married and I assume that's what they felt was best at the time. They were both young-looking.
Best Answer:
The attorney is right to a degree, they do have a dog in the spar, however, because there is a capable parent around to raise the child (your son) the likelihood are slim to none that they would prevail in court. That said, I have seen tons custody battles go south quick, the smallest infractions come into play. Certainly don't want to dissuade him from seeking custody, but I can promise you that the MJ charges will come contained by as well as ANYTHING he has done.
Grandparents do not get custody unless both parents are deem unfit by law. I don't care who told you that, they're full of it. Courts never remove kids from both parents unless they are currently (not "years old" situation) living dangerous/unfit lives. If your son was found "so unfit" (I speak that loosely) why was he granted partial custody..? Because he wasn't found unfit, in fact he's found suitable to hold custody. That's what sharing means, (God forbid) if something happens to 1 parent, he/she goes to the other. If your son concerned the courts so much, they would've dispense the mother soul custody and your son only visitation.... Seek another attorney, a good one. That guy you spoke too is off his rocker. And yes, your son requests to get a job. No judge will remove a child out of an (argueablly) stable environment/home to a residence beside no livable income. If he gets a job, he has a flawless chance at getting custody - especially if he can prove the mother to be on drugs (look into a PI and/or get case workers involved to investigate your grandaughters current living situation and her mother). However, till any of that happen, the child will likely remain with the her mother.