I filed for divorce four years ago. Got emergency custody of children then. We tired to reconcile but did not Work out and did not sign reconciliation papers. Is the custody of children still with me? He and his mother had to take the children due to loss of my home. I have a big enough home now and he will not let me see the children or go get them. What are my rights? How should i go about to get them back due to them living in harsh conditions and bad schools? Please help me. They are 13 and 14 and want to come back home to me.
The reconciliation and turning the children over to your husband for their well-being, voided the emergency order. Basically there is no child custody order in you case. Emergency orders usually mean there was something bad taking place in the home. If the cause for the emergency order was because of your husband's behavior, when you placed the children back in his care, your reason for the emergency order {if it involved the father} died.
A judge is going to love your husband and mother-in-law, as they are alienating the children against you. A BIG NO NO!
You did the best thing for your children when you lost your home. You ensured the children had a home instead of moving them from place to place while you got back on your feet. GREAT JOB!
You need to file another motion in court asking that the children be returned to your custody or request joint custody until your divorce hearing.
State in the motion the circumstances (emergency order, loss of home, did what you thought was in the children's best interest, back on your feet, denied visits). How many times have they denied you a visit? Don't over play the harsh conditions and bad schools, because you placed them in the environment.
Technically you could pick the kids up and take them home with you. There is no order, but expect a fight. You could take them forcing him to take you to court. You know him best, so take an action that doesn't traumatize the kids. I fought for 2.5 years to remove my son from his birth state and my ex threw every thing he could throw at me to stop the removal, because he loved our child and couldn't live without him. That was 10 years ago . . . he's seen our child once. It had nothing to do with our child, he was punishing me for leaving him.
Since your children are 13 and 14, the judge may want to speak to them. Grandparents have no rights in court, unless they are named guardians.
Best of luck, I hope you get your babies back soon.