He lives with my dad which is his grandpa. The live close to the border of Mexico in texas. My dad goes to Mexico twice a week overnight leaving him at home by himself. He is verbally and physically abusive, giving him spankings with a belt or hitting him. He has cut him completely off from his biological parents and everyone else except me, his aunt. Telling him lies so that he is scared of them that is how he has him now. Since a custody hearing in June 2011 he has had his
Last name changed to my dads last name. I am afraid if we get a court hearing he will take him to Mexico. He has said he was going to buy a ranch there and take him with him no matter if he wanted to go or not. What do I do?
Since he is (apparently) your nephew's legal guardian, the only way to stop him from that I am aware of is the get a restraining order and an injunction. These will not be easy to get. You need to hire an attorney to help you evaluate whether you have sufficient basis (and evidence) to get custody.
Divorce / Separation Lawyer
I agree with the other attorney, it will require court intervention but I'm not sure you have standing to file suit. If he's being abused CPS has power to remove him and place him elsewhere until court.