how can I get emergency temp custody without lawyer?

Question

My ex husband's girlfriend is the problem not my ex my children told me she has been hitting them in the face mouth and head when they get in trouble. My ex and I share 50/50 custody. Shes smart enough not to leave a mark. She told my children they were not allowed to speak to me or come to me at their soccer game she has "miss placed" the 60 dollar shoes the 40 dollar outfits 20 dollar pants 10 dollar shirts I have bought my kids only she told me its stupid for kids to wear nice things and calls my kids names when my ex is not around like bratty baby. She is pregnant with my exs bsby so I doubt he will kick her to the curb although he begged her to get an abortion which she refused she does not have custody of her own son. But tells my ex she has 50/50 ive seen the documents because ive contacted her ex to find out if this was an issue. If I just keep my kids from going over there my ex will check them out of daycare and move out of state with his rich parents which legally with 50/50 he can move them out of state. I dont have a lawyer or money for one but she is hitting my children not spanking them on the butt I dont want my ex to lose his job as a firefighter he is not the problem I dont want to take full custody I want ti take temporary full custody and get a restraining order on her or have her put in jail for child abuse or neglect being as my kids have not bathed since friday until today when i got them and were "not allowed to bush their teeth" they are ages 3 and 5 and contacting dhs will not help that takes months my mom eorks as a deputy in my county and knows first hand shes not really sure what to do either so as not to upset my ex before I hsve custody and he cant take them out of state

Answer 1

You will want an emergency restraining order. If you go the family court in your area they will be able to help you with the filing of such. And no you don't need a lawyer just yet. But you will likely need one down the line

Answer 2

While a lawyer is highly recommended you can represent yourself which means you will have to file the court documents with the court and hire process servers to serve said documents. You could try serving papers through certified mail but they don't have to accept it. Aslo you will need to speak with a magistrate about the restraining order. With an attorney they file the papers with the court and serve them on the other party if they are in the same state. If they are in a different state you still need someone to serve papers so a private investigator maybe required if you live in two different states. This will be messy so you know it will be much easier for the sake of you and your kids to get an attorney!

Answer 3

Unfortunately, you need a lawyer. Ask family if they can help pay for one. Most lawyers will arrange a payment plan, ask one for a free consultation and then ask them if they offer a payment plan. Also, you need evidence. Find someway to document evidence of the things you claim she is doing.