Legal Question in Family Law in Texas

I need your help. I am trying to do what's in the best interest of my kids. However, I am working on a Teacher's salary so my funds are limited. I just want to know if I have a valid case. I do have a lawyer and know I can retain him, but I am trying to test the waters here before I spend any money. I am a Joint Managing Conservator (Joint Physical Custody) and share equal rights to the children. We share the children roughly 45% me and 55% her. She has them school says; I have them Thursday evening and overnight on weekends (Fri to Monday before school; Extended to Monday evenings during the summer break).

I. Can educational/medical negligence be consider grounds to modify a parenting agreement (Custody) in Texas? - My older son has 18 Attendance triggers (6 absences, 5 tardies within fifteen minutes from the tardy bell, 8 tardies that ran over 15 minutes and some over an hour late) thus far this year. We are only 1/3 of the way into the school year. He is in Kindergarten and he is struggling due to Speech impediment, language delays, and social delays. As the father, I am pushing for him to be screened by Behavioral Specialists. He did demonstrate tendencies on the Autistic Spectrum on his initial 2 screenings (by his pediatrician and by 2 behavioral specialists). His mother is in denial and has emailed me nasty messages saying she will do all in her power for my son not to be diagnosed (not to get help). I have medical rights so I am proceeding with the screenings. She is denying payment saying they are "elective" medical expenses (again, I have emails), but in reality his pediatrician (he has known my son all his life, plus he has 30 years experience) referred him to the behavior specialist.

II. My younger son, who is 4, is not going to any curriculum-based or non-curriculum based daycare. I pulled him out of his old daycare because it was filthy, dirty, and smelly (plus it was an illegally run daycare). I have asked my ex to place him in a new daycare. However, she is option to keep him at home. My ex works and goes to school (college). My son is staying at home and is being cared by a 15 year old step-sister who is supposed to be doing home-schooled and his 18 year old step-sister who dropped out of High School and spent a few weeks in rehab (drug abuse) over the summer. I just want him to get the head-start in life with a proper education. Per their Step-Dad request, I found two reliable options for him to go to daycare. I visited the places, liked their curriculum and cleanliness, and gave my ex the applications. I offered to pay 1/2 of the registration fee and daycare expenses when they are with me (technically Monday only). I already pay my ex child support, so I cannot afford to pay her that plus daycare. Remember, I already have them nearly 1/2 of the time.

III. On another note... although I do not probe my sons, I do talk to them and allow them to talk to me. There have been multiple times when they talk to me about the things their Mother says about me. Now, two of these conversations were on the car on the way to or from their mother's place. The divorce decree states we cannot talk about each other (mom/dad of children). Yet, my sons have told me that their mother calls me a "jerk" in front of them. On another occasion they have told me she tells them I am a "mean" person. I do not talk bad about my ex in front of my children, yet she seems to be saying bad stuff about me. How can I document this?

IV. I don't have a reliable phone number for her. I cannot afford to pay for her wireless now that we are not married. When the timeframe expired, I cancelled her line. I realize this pissed her off, but I can't afford it with the childcare I'm paying her and the household I am offering my sons. She gave me a home number, but every time I call it sends me to a voice-mail that is not even set up. Hence, I cannot leave a number. I have tried calling her to get some of my personal stuff (awarded in the divorce) and also to call my kids on Holidays. I couldn't even get a phone call to talk to them Thanksgiving day. The other day, I caught her using a cell phone and emailed her to see if she read it. Well, it was her new cell phone, which she refuses to give me. I don't need contact with my kids every day, but it will be nice to get a call on Holidays or be able to reach someone if I'm running early/late to pick them up. By the way, I'm never late (make sure of that). The divorce says she is required to give me her home phone and work phone. What if her home phone is never answered though?

One thing to note is that the divorce just got finalized on October 25th. My lawyer already advice me that we cannot do any changes in the parenting plan and custody for 6 months. Is the above two cases a valid request for a change when the 6 month are up? Please let me know. I just want a "yes, it's worth consulting with a lawyer" or "it's probably not going to be enough grounds for modification of custody." Also, how can I record/document my child�s remarks as to how their mother talks about me? I am keeping a personal private blog with notes, emails, and text screen prints to document everything. I just don�t know how to document my child�s remarks without sounding like I�m probing him (which I�m not, they each volunteers this information to me out of the blue).

Thank you for your time.

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