My question involves a child custody case from the State of: Texas
My Ex and I were together for about 4 years, married for two and have a two year old son. She cheated on me with our roommate at the time, who was also my best friend, and I moved out about a week after finding out. That was last year. She took it upon herself to file for divorce somehow, I guess with legal aid, and failed to finish the process which resulted in the divorce filing to become null. I found out later that she is now pregnant with another mans child, not even the guy she cheated on me with, and we're still legally married. I understand that I can start the divorce process, but now I can't divorce her until her new baby is born and I prove that it isn't mine. She doesn't have a place of her own or a vehicle, and lives back at home with her parents. The catch here is that her parents house is absolutely filthy, they have something like 6 or 7 dogs that just just let run loose all over the place. Her parents bedroom literally has a closet full of dog feces, their beds are covered in fleas and every time I pick my son up from their house he's covered in bites and I have to comb lice out of his hair. They constantly send him to me in dirty clothes that stink of dog urine.
She doesn't want him to live with me, because she says she knows what's best for him and I'm never around. I pick him up on the weekends, every weekend. I give her money for child support, but I'm still called a bad father and WE DON'T EVEN HAVE A CUSTODY AGREEMENT. I understand it's my obligation to pay child support, I don't mind that. I feel like she uses him as a pawn to get her way. She used to leave him with random "friends" of hers to go a local rave club known for drugs and sex with random strangers, she doesn't go anymore because the club was shut down during a police raid so I know I can't use that against her anymore. I understand that since we have no legal custody agreement that I am able to pick up my son and not return him to that situation, I'm not the type of father who would keep his son away from his mother but the living situation over there is really bad and it's to the point that I worry for the well being of my son. What can I do? Or better yet, what SHOULD I do? The moment I take him away her parents will lawyer up and she will fight me for custody.
I have held a full time job for 4 years, I have my own place and a vehicle. I'm not rich, I don't make a lot of money, but I make enough to take care of myself and my son, provide for his needs and keep the bills paid. My household is much more stable, and it's clean. She hasn't held a job longer than 6 months, and has lived in 3 different households within the last year.