My question involves a child custody case from the State of: texas
Long story short-my ex's wife called me to tell me that she has kicked him out and is filing for divorce. He's lied and cheated on her just like he did to me, only this time we think that his lies have now fallen into levels that might land him in jail (falsifying military documents to obtain loans and security clearance at work).
Anyway, he left the house and left the kids with her. We have joint custody but he is primary. She called to let me know because he refused. She and I get along just fine. She advised me that he had physcially assaulted her daughter twice, with another adult as a witness, and she fears their safety if left alone with him, so he left. She is changing the locks and packing to get out but in the meantime he is now staying with his sister on her couch.
In light of the fact that he left the kids behind, there is evidence of physical abuse to other children in the home, and the possible criminal charges now coming down on him, do I have any legal justification to take the kids and bring them to my house? We only live 3 miles apart and like I said step mom and I get along really well so we have already decided that we will work together to do whatever is in the best interest of all the kids involved (she has her daughter from a previous marriage, plus the 1 yr old daughter they have together) but we want to make sure that we dont violate any court orders etc. at the same time. Obviously the end result of this would be for me to retain primary physical custody and cease child support, which is currently paid so far ahead due to their mistake that I don't have another payment due for another 2 months. I've had a credit balance since last October. Normally I wouldn't have them again until Tuesday because this is his weekend but he won't be seeing them at all so she called me to see what I thought we should do. The kids do not yet know that their dad isn't coming back home. They think he's just working late, which isn't unusual.

