Q: Can I legally obtain my children from a saftey plan still have my custody nor has judge told me i have lost my rights
Haven't been to any court
A: It is a little hard to tell what is going on by your one sentence statement but generally if you have agreed to a safety plan you can withdraw your agreement at any time and tell DHR you want your children and will not longer abide by the plan. DHR will then have to make a decision as to whether to involve the legal process. You mention a judge. If. your case is in the litigation process there is an Order in place and you need to follow that Order. In any event you should never take any action based upon what you read here or elsewhere. You should sit down and talk to a lawyer where all the facts can be evaluated and all options considered. Obviously your situation is deeper than the single sentence can cover.
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