Can I File For Emergency Custody Of My Children If My Ex-wife’s Boyfriend Might Have Hospitalized Our One-year-old?

I (M30) share two children—a one-year-old and an eight-year-old—with my ex-wife (F26) (location: Texas). Recently, she removed our children from my care after opening a CPS case against me. On Monday, I received several urgent messages and phone calls from the hospital regarding our son. When I arrived, my ex-wife was waiting for the doctor’s update. She offered only a vague explanation, claiming she discovered our son’s injuries while changing his diaper. The doctor then informed us that our son had suffered a broken leg, a broken jaw, and a significant gash across his forehead. Immediately after, my ex-wife demanded our children’s belongings and documents. When I refused, she accused me of being a terrible father and insisted I should be providing her with financial support. She claimed that if I complied, she would allow me to watch the kids while she worked. After I refused again, she had me removed from the hospital, telling me, “I’ll make sure you never see your kids again.”

She has previously left me responsible for our children while she pursued other relationships. When our eldest was two, she moved out of state, leaving her with me for three years. Throughout this period, and in subsequent years, she frequently moved between states, often encountering problems with new partners. She would regularly call me for help or financial support, and, still caring for her at the time, I would comply. When our youngest was born, she showed little interest in parenting—especially if he was crying—and spent much of her time on the phone with other men or trying to leave the house to meet them. I was left to care for the children nearly around the clock, often getting only two or three hours of sleep. I even paid for her to get her GED, but despite five years having passed, she never completed it.

On Wednesday, we met with the CPS caseworker to discuss the situation further. The caseworker reported that my ex-wife admitted to leaving the children alone with her new boyfriend, and our daughter revealed that he acts differently around our one-year-old when my ex-wife is not present. As a result, the caseworker determined that my ex-wife and her boyfriend must be supervised by the relatives they currently live with (his sister and brother-in-law) when caring for the children.

I am profoundly concerned for my children’s safety if they remain in this environment. I cannot comprehend how my ex-wife could defend her boyfriend after the harm our child has suffered. I am urgently seeking legal guidance on how to obtain custody of my children to ensure their safety and well-being.