Time is ticking - complex custody modification in Texas
ok i need help and im working earnestly against the clock. I live in Texas. I picked up my kids last month from their dads house and they reported to me that their dad has been physically abusive for some time. I then reported this to CPS and the police. The kids have since completed forensic interviews, I am scheduled for my interview this upcoming monday with the detective. CPS has told me their case will close soon with an alternative response (as the kids are no longer in danger since they were with me. So, the investigation is still ongoing.) Their grandpa (dads dad) is a rotary club member and personal friends of the presiding judge, and other judges in the county this is being investigated in (the kids and I now live in another county close by as of the last month). I reported from the beginning to both CPS and law enforcement about my concerns of nepotism. Their dad has been arrested in his county multiple times related to alcohol. Last year, I called CPS due to him and his girlfriend drinking and throwing things at each other with the kids in the car. He passed an alcohol UA so CPS closed the case. During this time, he was arrested for boating while intoxicated while the kids were present. The kids have now reported to me that at that time (April 26th 2025) their grandpa, had to come on scene to drive their dad’s truck home while they watched the arrest. The arrest is no longer searchable/tracable on the county jail records but there is a published article from that date in the newspaper listing his arrest.
He served me a TRO/request for child custody modification/extraordinary relief paperwork this week. I was to return the kids, make them available by phone at specified times (tues and thurs 6-6:30pm) provide our address, their new numbers, and so on. The kids are petrified of returning to him and vehemently refuse to do so. He is trying everything he can to control this situation (calling schools in our area asking for records, asking them on the phone why they aren’t responding to him, etc). The kids answered his call on my phone the other day and began visibly shaking and crying. I took the phone back then. I have since been served a writ by the constable and told me that I either face felony charges and prison time or turn over the kids to them to return them to him. I refused out of ongoing concerns for their safety. I have tons of evidence that refutes everything he has claimed and the kids want to volunteer their testimony. They are 10 and 11 and will be 11 and 12 in august. Ultimately, the kids and I made a safety plan and they returned to their dad yesterday through the constables office. Once the left, their phones were turned off and their dad texted me saying I am not allowed to be in contact with them as of the TRO. I found a lawyer that will take my case, but the retainer is about $6000 given that our court date is already scheduled for the 12th I have no idea what to do. I’m a single mom a healthcare worker and new to the area. I don’t have family and the resources I’ve called have extended waiting lists.
I need this case moved from their county to mine if I want a fair chance in this. I’ve reached out to every resource. I can possibly think of and here I am on Reddit posting for the first time. I filed Pro se my own original response and have drafted a counter petition, request for change of venue, and request for confidentiality but it was denied because I eFiled it with attachments. Additionally, the TRO was granted because he made (false) claims that he has been the primary custodial parent for the last three years. This is factually untrue. I took a temporary assignment out of state the last five months and flew back every other weekend to see my kids. Otherwise they have lived with me and I have taken care of their needs since day one. He also has another son in a different state that he has given up parental rights to. I truly believe this is just a power move for him. But how do I represent myself in this?
This man has a long legal track record of him hurting people in some capacity while drinking and has gotten away with it each and every time.
How does this stuff happen?
Posted Jun 3, 2026, 11:43 AM UTC