It appears that you live in Harris County. You don't state how old your child is but it appears that the child can talk and communicate very nicely.
I would urge you to talk to an experienced family law attorney. You need to build a case that shows that the mommy is not taking care of the child. It appears that you have potentially a strong case. However, I have not met with you. After meeting with an attorney and discussing the details you will have a much better idea.
You will hopefully have witnesses willing to come to court to back-up your story and what they have observed - sick kid, clothes, etc.
Merely faded clothes are not enough. You need to show that neglect. The burden is on YOU to show that the mommy has "messed" up. Also, it appears that there might be some verbal abuse.
Good luck,