In In re G.R.W, 191 S.W.3d 896, 898-900 (Tex. App.-Texarkana 2006, no pet.), the father of the child had been indicted for sexual assault of the mother for the very sexual encounter that led to the birth of the child, and the father was convicted of the lesser offense of child endangerment. Id. at 898.
Moreover, the court pointed to the fact that the father was a smoker and that the child had severe respiratory problems. Id. at 900-01.
These facts establish specific, identifiable acts of the parent that would be likely to impair the physical health or emotional development of the child.
Further, there is no indication that the Texarkana Court relied on the proposition that a nonparent may be awarded custody of a child without a blameworthy act of the parent; the opinion seems to merely state this proposition in dicta. See id.