My question involves a child custody case from the State of: I'm from San Antonio, Tx and suffered from postpartum depression back in April. I had taken too much medication and I voluntarily checked myself into a Psych hospital for treatment and left my daughter with my ex boyfriends mother (we have known this family and been friends with them for over 20 years), she seemed genuinely caring and I never thought would take my daughter or encourage her son to take her from me...but that is what happened....He filed for temp custody of my 3 month old daughter and said when I got out I would not be able to come get her and take her home...I was devastated!!! I hired an attorney with the help of my family (because I'm financially hurting right now and just had my vehicle repossessed)...and got some visitation mon-fri 9a-9p I can see her at his mother's residence and I get every 1st 3rd and 5th weekend. We managed to get along for a few months and I thought maybe it would all work out and he'd drop it and we'd be back to normal....ya know, move on and maybe rekindle the relationship. Well I found out I was pregnant....we fought he said we could absolutely not keep it we needed to take care of our current situation and the baby well ...she's still a baby! I opted to go against everything I believe and terminated the pregnancy....he was acting very ugly after the whole thing and very insensitive and just playing on my emotions telling me that we aren't "together" and making comments implying that he may not want to "see" me like that anymore. Anyway.....That evening of the procedure an incident happened at his mom's residence I was going to spend the night...I was in pain, emotionally and physically. A disagreement turned ugly while I was holding my baby ...trying to put her to sleep. His mother and him started yelling and eventually he assaulted me while his mother was tugging on the baby trying to free her from my arms. I didn't let go of her. Never the less the police showed up and I was a crying mess he detained me but I wasn't arrested... he treated me like crap and wouldn't take my statement and didn't let me press charges. I went the next day and filed a report. Cps was notified.....JUST A MESS!! Yes, i have a point...lol. Pictures were taken two days later I was bruised and scratched. Pics were taken of my baby but his mother and EMS said that the redness was from a rash. I say Bull. Now he's violating the court order and won't let me have access to my daughter during the week at his mom's because of what happened there, but my order also says we can modify our order if we have it in writing different visitation methods..
When this case is assigned to a detective he can either issue a warrant or trash my statement. So if and when I get proof of him assaulting me will that give me more of a chance to winning sole conservatorship of my daughter even if I have to go pro se? Who's case would be stronger his or mine? Mental stability vs. Family violence, is it just a hard case of who is the lesser of two evils? I dunno but sometimes I'm confident and other times I lose all faith...Some help?

