My question involves child abuse or neglect in the State of: Florida (primary residence/where the current court order was finalized) and Texas (which is where I am located.
I am dealing with a very drawn-out and complicated situation. I will try to keep it as brief as possible, however there is a lot of pertinent information so I apologize in advance if it gets a bit lengthy.
In January of 2016 I reported concerns of child abuse to DCF in Florida. Two of my three children had come to me during Christmas break while visiting and confided in me that they were being grabbed by their necks, slammed into walls, and so-on by their mother's live-in boyfriend. Upon hearing these allegations I attempted to address them with my ex-wife, however she was unwilling to hear me or the children regarding the matter. They returned to her residence on time at the end of winter break, and I proceeded to contact DCF. The children were terrified to talk to the social worker, believing that if they did they were going to be a lot of trouble at home. Because they refused to talk to the social worker DCF closed the case and there didn't seem to be much more that I could do at the time.
The children returned to me for their regular visitations after that time, and until now have been silent regarding any further issues. I received my children for summer vacation the second week of June this year and as soon as they arrived I knew that something was not quite right. My daughter, who is the oldest and 11 years old, was very withdrawn. She spent the majority of her day in her bed reading and requested to be left alone. My two youngest, ages 7 and 9 have been having minor bathroom accidents all summer and attempting to cover them up when they happen. My 9 year-old has been diagnosed with moderately functioning autism, and has been the most verbal and unfiltered when it comes to the actions that are happening to him. He even insisted that he call his mother to tell her what was going on and did so twice so far. Anyway, I was too scared to question the unusual behaviors as I in no way wanted to appear as though I was "leading" or "coaching" them. The two boys began confiding in my 12 year old step-son about continued abuse in their other home approximately two weeks ago. My step-son came to me with what he had been told, and then my oldest son decided to confide in me shortly thereafter. All three kids have now come forward and stated that they are enduring all of the same abuse as before, in addition to be placed into a cold shower when they have bathroom accidents, being slapped, and walls being punched right next to their heads. (That is the short list.)
I contacted DCF here in Texas, they provided the report to Florida DCF, and when Florida DCF reached back out to me they yelled at me and told me that they were too busy to take a report from someone who was merely attempting to start a custody battle. I explained to them that I had already attempted again to speak to my ex-wife about the abuse but the same as before she refused to cooperate, help me to come up with a plan for our children's safety and well-being, or even hear the children out when they tried to tell her in their own words what has been happening to them. Still, the hotline operated continued to yell over me and then proceeded to hang up on me. I called Texas DCF back and they are now handling sending a social worker out to me within the next 48-72 hours. This is where it gets even trickier though because the children were supposed to be returned to their mother today. They all three spoke with two police officers this morning and recounted everything in their own words to the police officers during a welfare check (initiated by call to DCF). The police are unable to assist since the abuse is physically happening in another state. The children are scared to return and want to speak to a social worker here where they feel safe. Their mother is going to file a motion to enforce our current order in the morning, and while I would like to file an emergency motion to keep them here temporarily, I cannot seem to figure out the proper steps to do so.
I am desperate and at a loss. I do not know which papers I need to file, which state I need to file them in, or if the Uniform Act to allow another state to take jurisdiction will apply in this situation. I have read and read, but it is all very confusing. I will not be able to afford to put up a retainer for an attorney for at least the next two weeks so I am stuck trying to sift through all of the information alone. Any information or guidance anyone can provide is greatly appreciated.![]()

