need some advice

[Stats]

Stats

[Kilted]

My 13 year old has had enough.  For the longest time she has wanted to live with me and my wife.  The ex and I have been divorced for 9 years we have joint custody with her the PC.  She re married and is now going through her second divorce and a slew of boy friends.  She leaves my daughter and her step 5 year old sister alone at night while she goes outs and paints the town, or drags her to the boyfriends house on school nights.  I know that some say a 13 year old is old enough to handle that, but it makes my daughter uncomfortable when she dose such.  The ex just recently got moved to a night shift where she works and it seems like a permanent deal. 

I presented to the ex a month or so ago that I wanted to take over PC of my daughter, this is my daughters wish as well as mine.  Her grades are slipping in school and she is completely miserable.  After I asked  the ex to take over PC of our daughter, she has started slandering me behind my back, spewing lies about how I was an abusive husband 9 years ago, put her in the hospital  blah blah blah and that I am an unfit dad.  The problem is she is spewing these lies to our daughter and my daughters friends.


Anyhow... I have been married for 6 years now, my daughter and my new wife have a wonderful relationship, we offer a stable home that has one of us here 24/7 if thats not enough, my parents live next door.   

I guess I would like to know what some of you all think on how to approach this...

We are in Texas and I know that I can have a forensic psychologist file for my daughter with the court (if they deem a swap in custodial is necessary) any other insights?

Wanted to say thanks in advance...

[Kitty C.]

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