Modification of Custody- Texas

[PinayHoney]

I have been the custodial parent of our son who is now 8yr old in Texas and awarded exclusive rights to decide where our child lives since our divorce since 2009.  We have joint conservatory. My X moved ssoon after the divorce to Colorado due to military orders.  Yesterday I just got a suit affecting parent-child relationship which comes with a Temp Restraining Order.  This states we have no other custody order in place.  So I understand that this is the wrong paperwork.  I have file a written answer and I don't know how to word it.  I went to consult with a lawyer they need like over $1000 up front for something I can do and it will be dismissed.  Could they immediately dismiss the TRO or would I still have to attend the hearing.  However I know I'm going to have to face the correct filings which will be a Modification of the current custody order we got in our divorce degree.  So ultimately I will need a lawyer once that is process.  However there has not been a major change and he been at the same school and resident since the original order.  Would he even have grounds to proceed with modification?  The only thing I see is he is using a domestic violence I charged my BF with like 2 years ago in which my son was not at home at the time and BF is on a deferred adjudication in which he took his classes and on probation.  There hasn't been DV since, however we still have had our share of arguments.  And he has never physically disciplined my son or abused my son. 
My X is an E-7 in the military so yes he makes more than me and has a bigger home.  So he keeps saying he will have a better life with him.  I live in a nice area I'm in a duplex not an apartment.  And the fact I have even made work choices around my son.  I am home when he gets off of school and help with his homework.  I can attend every sport practice and game.  People call me the typical "soccer mom".  I been with my son since day 1 and even when his dad lived right down the street he wasn't that involved.           

Background- Never had problems before as he picked up and dropped off our son from his visitation even when he moved to CO.  I let his Dad take him as much as he can due to him possibly deploying (he gets him every summer longer than a month and every xmas except last year when my Mom was diagnose with Breast cancer and he was taking forever to come get him)  Recently after my X got married and now has a a new baby, which he didn't even tell his son until this summer when he first meet her at 6 months old.  Plus I went to the attorney general office to enforce child support after one month he didn't pay and he wouldn't resolve it through numerous calls to him. OAG took their income tax return for arrears which I didn't ask them to do.  Now there isn't any mutual agreements.  The fact I had my 8 yr old son in track was considered to not be beneficial for him long term.  In July I send in the modification for child support I haven't changed in 3 yrs, and a promotion.  I got an open case from CPS which there was false allegations that my 8 yr old runs the street all hours of the night, I beat him and my 1 yr old has 2 black eyes and I have no food in the house.  And my BF is a drug dealer.  The CPS did there investigation and even gave me and my BF a drug test which we both tested negative.  Plus my 8 year old has been with his dad for the past month. Than after that failed another call within a month of the 1st call to authorities, which caused police knocking at my door at 5:30am with more allegations that my son witness my bf break a tv, my 1 yr old doesn't have food and I beat my kid with a metal ruler (which I don't own and I rarely spank my kid, I take privileges away like TV, Games).  CPS closed case. Than at the end of his visitation just before his school starts he threaten to enroll my son in Colorado with him.  I went to the police department showed them my orders and they advised I could press charges for interfering with custody order.  I choose not to do so and the police made a call to my X and told him he is in violation.  I gave him a few days to get him here and he dropped him off at 9:30pm the day before the 1st day of school!       

The Basic questions:
I have is how to write a response to the suit affecting parent-child relationship.

Once the suit , is dismissed does the TRO get dismissed or will i have to go to court still?  Will he have to be there since he is out of state/ military?

Is there really enough evidence to proceed with modification based on past? Does there need to be enough evidence to file. 

[ocean]

What does the restraining order say? You have child with your for school now right...little confused. Usually the papers say that there are no current court dates... Is this from TX court or CO court? You should only be dealing with the county family court in which you were divorced.

If the last set of orders have visitation for when father is away from TX then there are no reason to change it. If he is asking for full custody change, he will have to prove major neglect for the child to be removed from your home to another state. Your response can be "There have been no significant change in circumstance since the divorce, child is enrolled in school in CO and doing very well. His school, family, and activities are in CO. He sees his father more than currently court ordered. Father threatened to keep child after his summer visit 8/12 and mother had to get police involvement to have child returned at 9:30pm the night before school started. It would be in the best interest of the child to keep custody the same with a modification of exact dates/times in the summer for fathers parenting time so the child can have a few days readjustment before school begins each fall."

[PinayHoney]

The temp restraining order grants his dad temp custody who is in CO which would not have been the case if it was filed correctly.  It should have been a modification to our orders we got with our divorce decree which outlines our joit conservatory and I have exclusive rights to decide where he lives.  His dad is trying to get custody as the custodial and me pay child support.  He says there is neglect and even today he was like his son lives at the babysitters which isn't correct.  For the past 2 years I have choose to stay home with my kids working from home and now I only work outside the home like 2 to 3 times a week.  And he goes to his god mother's house.  He has never been to the daycare system because I refuse to do that and work around to ensure he taken care of him that love him not just a babysitter.  He is just making things up.  I wondering if he can get modification paperwork for custody.  He has no real evidence and just last month Child protective services did an investigation and interviewed child and closed the case.  So could he really still put in a suit for modification.  I dont see a judge going through the headache for a person abusing the system.   

[PinayHoney]

Just today BD spoke to son around 5pm and at 11:30pm cops were sent to my house to check the welfare of my son.  This is 3 calls to authorities in less than 2 months and he just got a report from cps 2 weeks ago stating everything was fine and no evidence of neglect or whatever was accused with the two cases.