NEED HELP IN TEXAS FAST PLEASE!!

[texasstepmom]

My husband has a 13 year old that we get to see and talk to when its convient for his mom. She has up and moved at least 7 times this past school year. That means he changed schools at least 7 times. He failed the 5th grade and was suppose to attend summer school however she moved again to live with "friends". Her 15 yr old daughter has disowned her because of the way that they have been treated to go and live with her dad that she just met 4 months ago. She gets over $500 a month in child support and instead of invessting that in a decent home or reliable transportation she blows it on whatever. He doesnt even have a toothbrush with his mom and has told us that he doesnt brush his teeth when hes with her. She sleeps til 3 or so in the afternoon and leaves this child to fend for himself. He has recently stated that he wants to live with us because he has a home and real food. He says that when he is with her that he has no one watching over him. He gets to run all over doing whatever he wants to do because his mom doesnt care what he does. When he and I sat down to talk he started crying because he said his mom is going to be mad at him for not wanting to be with her anymore. I tried to explain to him that there was no reason for her to be mad at him for wanting to feel safe. That there was nothing wrong with feeling this way. We want to file to modify the orders that are currently in place. We have him right now for the summer. If we keep him instead of returning him when our visitation is over because we are concerned for his safety and well being, what consequences are we looking at?? I am hoping to have the modification request filed before that happens but we wont of gone back to court yet. Our first priority is to try to give him a healthy happy childhood.  Any advise will be greatly appreciated. Thanks for everyones help!!!!

[Simplydad]

Violating a custody order is a major issue and can get you thrown in jail.

The child's best interest is the thing that matters.  The first thing I think you should do is file a motion for modification of custody.  The law states that has to be a change of circumstance for it to be considered and based on what I have read it looks like you meet that criteria. 

1. The constant moving causes an adverse situation when moving a child if they are constantly moving schools.

2. The child has failed the 5th grade and that can be attributed to the constant issues of moving around.

3. In Texas a child can request to live with the parent of their choice (that alone is enough for change of circumstance I believe)

I would hire an attorney as soon as possible.

[wife1]

It may sound strange but one thing you should do is go by where they live and take pictures of his living situation so you have proof he is in a bad home. The court will not just hand him over because you want him you need proof. A man I know did this and it helped out so much he actually had a poster board of pictures he had taken of the trashy people coming in and out of his daughters house he even had recordings of conversations he had with the mother. Now he has custody of his daughter. the fact that he failed will actually help you out and take him to the dentist so that you can find out the extent of the damage to his teeth, get as much physical proof as you can.

[Spaceman1982]

Nevada did say that failing grades is a change in circumstances that warrants a change in custody.