Medical malpractice claims have become the most difficult personal injury claims to pursue in Texas -- Texas has literally become a safe haven for many bad doctors. In light of this, it does not appear from your description that you would be able to pursue a case for malpractice. Some of the reasons for this include the extensive protections provided to doctors, the extreme expense involved to pursue a case when multiple doctors are involved, and the various types of costly experts that your case would require. That said, the most important thing, of course, is to get the very best care available for your husband. In situations such as this it is advisable to get 2nd, 3rd or even 4th opinions on the care that your husband needs and his diagnosis. When your doctors are in agreement about the diagnosis, then you can feel more assured that the care plan is most appropriate. I wish you and your husband all the best.
You will need to contact an attorney to file for a Modification of your current Order and your attorney will need to have the mother, Attorney General, and potentially the maternal grandfather sign an Agreed Order for the Judge to enter. After the Order is entered, it will need to be submitted to the Attorney General so that the appropriate credits can be applied. Dealing with the Attorney General's office is very tricky and it is no uncommon for them to mix up their accounting on a case, so you will need an attorney to assist you in making sure that all credits are properly applied.
Doctors, Lawyers, and Teachers all have a legal obligation to immediately report any suspected child abuse. I understand your frustration over having to go through this, but in my opinion you have no legal cause of action.
While it seems like the answer to your questions should be simple, in the eyes of the law it is that clear. These are issues that any parent should be concerned about, but it is likely that you will need to bring the matter before the court and seek clarifying orders from the Court as soon as possible. Otherwise, if you simply deny your ex-wife possession of your son on these ground you run the risk that she could file a Motion for Contempt against you for failing to allow the visitation and you would be in the position of defending yourself rather than asking the Court for protection. Seek out an experienced lawyer in your area and act quickly for the protection of your child.
You should immediately consult with an attorney with experience with both child custody and CPS cases. If you are the biological father, then you do have rights and will need to participate in any ongoing CPS case to advance your rights and seek custody of your child. CPS cases move on a designated tract, so it is important that you seek to protect your rights through the court system as soon as possible.
I agree with the other attorney's advice on this and would also add that many counties have Standing Orders that Order that neither party take any action that would effect the property rights of the other party. You should definitely speak with your attorney and, if no agreement can be reached with the other side, bring the matter before the Judge.
Yes. You can do this in one of two ways. Your attorneys can work together to create an Agreed Amended Temporary Order, or you can file for a Motion to Modify the Temporary Orders and set it for hearing before the Judge. My personal preference is to file the Motion to Modify and make efforts to work out an agreement with the other side for an Agreed Amended Order prior to the hearing date. That way at least the other side cannot drag their feet forever and I am able to get relief from the Judge if the other side will not agree.
Some of the "Do It Yourself" forms are confusing and can lead you into problems. As an example if you list your property, debts, credit cards, etc., that information becomes public record and can increase your risk of identity theft. Also, as the other attorney pointed out, the Petition normally should not call for you to list out your property, although I do think some of the "Do It Yourself Forms" may go beyond what a Petition should actually be. You owe it to yourself to at least consult with an attorney so that they can explain to you the documents that you are attempting to fill out and better advise you on whether you will need help from an attorney in order to get your case finalized.
In Texas the general rule is that you cannot use fact such as these as evidence to support your modification, because it is thought that if these things were of particular importance then they should have and for all practical purposes were addressed by the prior Order. There is an exception if the abuse is ongoing and you can show that this is a continuing problem. Does your son show any signs of abuse or neglect? I recommend that you consult with an attorney to discuss your concerns and whether they rise to the level of giving you a fighting chance in a battle for custody.
Property classification is one of the major jobs that divorce attorneys engage in and it requires a great deal of information, such as when you started your 401(k) and when you married your wife, also is her settlement purely for pain and suffering or is it also for lost wages. These issues, as well as many others will determine how your assets should be classified. An experienced divorce attorney will be necessary to help you sort through these issues. Regarding her answer date, it was technically late, based on the information that you provide; however, since she answered before the suit was resolved the late answer is without any consequence under the law.