Q: If a stepfather is protecting two stepchildren and his own daughter from the abusive and neglectful mother
The mother abandon her kids moved in around the corner with her neighbors and boyfriend taking off with her autistic son social security check that is when the oldest step daughter had come forward about her mother's abuse and neglect. The Stepfather got a protection order but then lost the protection order on the grounds that the judge claims its not against the law to bruise children with wooden objects and no help from CPS or multiple agencies. He did file for custody but in the meantime the mother is trying to file kidnapping charges on the Stepfather he is the only one standing in the way to protect these kids what can he legally do. The oldest step daughter and his daughter are in fear of going back to their mother. The mother does appear to only want the Son that has a Social Security money but then change her mind wanting two of the three kids claiming the oldest stepchild would not go back to her. She seems to be flip-flopping on which kid she wants to take with her.
A: If the stepfather does not have legal custody, then he could be arrested if he does not give the children to the person who has custody. Stepfather can file for custody or can file for guardianship, and the court will decide what is in the best interest of the children. Stepfather should retain a local family law attorney to represent him.
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