Chavez v. Chavez
In Chavez v. Chavez, 148 S.W.3d 449, 453 (Tex. App.-El Paso 2004, no pet.) the mother who was seeking to reacquire custody was shown to be a drug user and there was evidence that she was physically abusive. The El Paso Court overturned the trial court's ruling against the mother on other grounds and never actually reached the issue of whether these specific, identifiable acts or some other reason would prevent the mother from maintaining custody of the children. Id. at 459.