Texas penal code addresses criminal matters. The situation described would be addressed in Family Court. Below is a copy of the relevant statute and a link to the Texas Family Code Chapter 153:
Sec. 153.131. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child
because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child.(b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. A finding of a history of family violence
involving the parents of a child removes the presumption under this subsection. So a unmarried mother is not considered to have sole custody. Generally, the court's presumes it is in the best interest of the children for both parents to have joint custody
(conservatorship). Any presumption is a rebuttable one, meaning if there is evidence that joint custody would not be in the best interest of the child, then the court can award sole custody. History of domestic violence
within the last two years is evidence that the court will strongly consider to not order joint custody. The decision to handle the matter on your own or hire an attorney is not an easy one. If the matter is not contested, and it's likely that the parties can come to an agreement, then that can usually be handled on your own. But if there is no agreement, and it is likely to be a contested matter requiring hearings, and gathering of evidence that may be more than a self-represent party can handle. The courts have a lot of assistance for self represented parties. Feel free to speak to them first to get an idea of what would be required, and then follow up with an attorney if necessary.
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