Modifying the Custody Agreement

[jamie.c]

My question involves guardianship in the State of: Texas

Hello!
I have 2 children (15 & 9) who live with their father. They lived with me about 6 years ago, but were taken away by CPS because his mother got involved.
Well, they don't actually live with their father. The father has custody but he is not living with them. He is living with and supporting his girlfriend and her
children instead of his own while my children are living with his mother - which is not a good situation. His mother is a psycho (she's previously been in a
mental institution). She is constantly screaming at the kids and has actually psychically abused my son (the 9 year old). She has people coming in and out
of her house all day and she just screams and argues with them. She is diabetic, so she never feels good enough to do anything for the kids, including cooking.
Her husband who works shift works at a refinery is the only one who cooks. She just feeds the junk food and buys them takeout everyday. She is also a hoarder
and her house is just absolutely disgusting. I do not want my children to live in this environment. My house is suitable and I can financially and emotionally
support my children, however the father will not give up custody because he has this dream of actually getting it together and buying a home for them, but he
has been saying that for years and hasn't done anything. Both of the children wish to live with me. His mother doesn't even let me see them (I have seen them
ONE time this entire summer!!) even though I have visitation with them every other weekend. She doesn't even want them calling me. She has taken away
my daughter's (the 15 year old) phone for calling me, MORE THAN ONCE! How ridiculous is that?? I called the DA in my county and he told me to call CPS and make
sure the case was closed (which it is, I called today) before doing anything else. What is my next move? I need to get them within the next week or two because
they need to be settled in before school starts and we also need to get their school clothes and supplies. I wouldn't mind taking them to do a few little things this
summer, either because his mother has had them locked up basically for 3 months and they haven't gotten to do anything. It makes me absolutely sick.

[Dogmatique]

You have absolutely no chance at changing custody in two weeks.

You do not have an emergency situation so you'll have to file for the usual modification in Texas. Expect it to take several months.

[jamie.c]

In Texas if you're a certain age you can choose where you wish to live, right? If my daughter wanted to leave and come live with me before school started could she? She is 15.

[Dogmatique]

No, that is not correct. The child can file an affidavit of preference with the court, and the judge may consider it.

No, your daughter can't just up and leave. The current orders need to be changed.

[jamie.c]

Okay, well she is texting me saying that she is going to run away if I do not get her because she is being mentally abused and she's depressed/suicidal.
She was prescribed medications by her therapist (which her grandmother refuses to let her go to now) that her grandma won't let her take to prevent it since she is bi-polar, depressed, etc.
Is there any way that we can speed it up or can she come stay here (both kids if possible) while I try to modify the agreement? I talked to an attorney and they said 30 days for a modification.
We need to find some type of loop hole because I'm every worried about her. She is really going insane because of it. Her grandmother is crazy and her father doesn't realize what he's doing to the kids.

[Dogmatique]

What are you doing to encourage your child with good coping skills?

Perhaps the bigger question is, what proof do you have? Her word is not proof. If she is at such a risk and in a neglectful/harmful environment, what are CPS saying about it?

You've called them, yes?

[jamie.c]

I'm just telling her to hold on and that I'm trying my best. And that she just needs to be respectful and wait it out.
I honestly can't do much more than that. It's not like I can just go get her and save her from the environment, otherwise I would have done so.

I have proof because I have both witnessed it and she has sent me recordings. When my ex husband and I were married she would act that way too.
We used to live in a house that's on her property while my husband was finishing college.

When I called CPS they said that they would get back to me about it to begin investigating but that the previous case was closed.


Edit: However, I don't want to jerk them out of school in order to move them, which is why I'd like to get this over with within a few weeks.

[Dogmatique]

You need to stop talking to your daughter about this, to be honest - because I'm sensing at least the possibility that she's doing what many teens do. Exaggerating. Has she, for example, spoken to school counselors? Called child services herself? If not, ask yourself why not.

Recordings? Of what? And how were these obtained?

Again, there's no emergency here and it's not going to happen in a few weeks. It will probably take a month to get an initial hearing, and then if it's contested it could take months (if not years).

[jamie.c]

I seriously doubt my daughter is exaggerating. I know what an evil witch the woman she is living with is, she did the same thing to her own children. She talks to school counselors and they do absolutely nothing except for telling her that she needs to tough it out for a few more years. She shouldn't have to be involved in that for only a 'few more years'. A lot can happen in a few years, especially at a suicidal state. She has a history of her own mental issues and a hard time coping. This situation is not helping her. Again, I'm also worried about my 9 year old who is being slapped and also mentally abused by the grandmother which both kids say is true.

I have recordings of the grandmother mentally abusing the children (Basically her screaming and acting insane)

[Dogmatique]

Put it this way - if the counselors actually thought she was at risk, they are mandated reporters and they are legally obliged to contact child services if neglect or abuse is suspected. The fact that they didn't, and the fact that CPS have not removed the children, would indicate that the situation isn't as bad as you're being told.

I'm still curious as to how those recordings were obtained - I hope no crimes were committed doing that.