Bio Dad Trying to Get Custody

My question involves a child custody case from the State of: Texas

OK.. I want to first state that apologize if you all have heard this question before.. I am new to this forum as you can obviously see.. My punctuation is flawed.. My grammer is not the best.. Nor is my spelling.. So please bare with me..

Here is the case..

My sister currently has custody of her 4 year old daughter.. She has had custody of her since she was born..
She has had non stop problems with her ex..

Everytime she leaves her daughter with him for his visitation.. Her daughter comes home sick.. With something.. Ear infection, UTI, pneumonia, high fever ect ect.. He brought my niece back to my sister running 105.7 degree temp..

My neice's doctor has been doing test on her eyes.. He is trying to figure out if she may have glacoma.. So he has my sister put a drop of meds. in one eye & not the other.. To test the pressure.. Or something.. I am not up to date completely on that.. But the meds are suppose to be in fridge.. He never put them in the fridge.. Never put the drops in her eyes.. Nothing!

Anyways.. That is a little detail on him..

She is now getting a divorce from her husband of 2+ years.. They have a divorce from her husband of 2 years.. She has a daughter with him to..
At the moment she is living with our parents & myself.. So it is a total of 6 people in the household.. Living in a 2 bedroom house.. (Yeah its a tight fit..)
My parents are getting her a place Monday morning because I have read that there is to many people in the house (Read it on some website that I found googling law advice.. Then found this forum..) & it might cause her to loose her daughter...

My sister is currently jobless.. She has been a housewife since she married her soon to be ex-husband..

Now.. Here is the reason why he (my neice's bio dad) is taking my sister to court for full custoday..

1) He feels that my sister is taking my niece to the dotor to much.. (8-10 times in four years..)

2) She text messages him to much.. (She is trying to communicate!)

Now.. I am not sure if there are other reasons.. But these are the only ones I have heard about..

So.. My question to you.. Does he have a chance at winning?

My sister is not a drug head... She does not drink.. NOTHING illegal.. At all.. She is leave her husband because he drinks to much..

Does he have a good chance at winning because she has no job? She is currently looking for something part time.. Her oldest daughter.. The on in question just started school on Monday.. I believe its called headstart.. Something like that..

The reason my sister is worried.. The biological father.. He is a warrants officer.. She thinks because he is a peace officer that he is going to get a better chance at winning the case... Is that true?

Thank you all for you input.. I greatly appreciate you all taking your time to read this & offer your opinions..

Kids get sick. That's what they do.

Having that many people in the house is not illegal nor does it impact custody unless they're all sleeping in the same bed in the same room. What you probably read relates to foster care situations.

She will likely end up with joint legal custody of Dad A of her eldest child, and Dad B of her second child with her remaining primary physical custodian.

I don't see where she is legally unfit.

Of course when your sister came home with a temp of 105-7 she IMMEDIATELY took the child to the ER, right?

I understand kids get sick & all.. Thats why I told my sister she really has nothing to worry about on that issue.. But she is mostly worried because he is a warrants officer.. Thinking the law watches out for their own kind.. Kind of deal.. You know what I mean?

As soon as she saw that her daughter was not feeling well.. She checked her temp. saw it was that high...& rushed her to the ER.. There was no wasting time..

When you say joint custody.. Can you explain to me what it is?

Right now.. She has full custody & the dad gets to see the daughter every 1st, 3rd, & 5th, weekend.. Every Thursday he gets her for 2 hours.. Then there is the holidays that they split.. One year he gets her on spacific holidays the next year my sister gets her.. Then he gets her fathers day.. My sister gets her mothers day.. So on & so fourth..

Is that joint custody?

Something I didnt say in my first post.. She already has a lawyer.. Just thought I would say that befoe someone suggest she gets one.. :)

If she already has an attorney I'm not sure what it is you'd like to ask us here?

:)

I am just wondering if it sounds like he has a strong enough case.. Based on the information I can offer..

Basically.. Opinions.. :)

I found this forum.. Seen it is a law forum.. So I assume there are knowledgeable people here..

I am not really new to forums.. I have been a member of an online community for a while now.. Just not this one..

Though.. After reading a few things here I may stick around for a while & do some reading for myself.. :D

Unless he can prove that either Mom is unfit, or that there has been a significant change in the child's circumstance, he will likely not prevail.