Mother in rehab, dad has taken kids, what rights does mom have when there is no legal docs?

I have been through the custody issue 3 times. This is what I know for a fact... Without any court ordered or signed agreement, BOTH parents have rights to the children. However, he does not HAVE to let her see them. He doesn't HAVE to do anything. Especially since he has physical custody and is getting help through an agency to provide for their well being. The mother in rehab probably won't lose any rights, but right now she's in no condition to care for the kids. When I was waiting for a court hearing, my attorney advised me to get a temporary custody order to insure my ex could not take the kids. By law, some order or agreement must exist or either parent could do what they want and the poor kids are stuck in the middle. Her threats are not helping her case. He may also want to look into a domestic violence restraining order to keep her a safe distance from the kids until she's better. Keep very accurate records of dates, times, and threats made. Also have proof and information of where she is now in her treatment and what led her to where she is. Specific incidents that led to her rehab. Drinking habits, etc. When your BF goes to the attorney have him ask to get that temporary custody order asap. Then discuss the restraining order. The attorney will have to help with the custody thing... but all you have to do to get a restraining order is go to the local sheriff's office and file a report (communicating threats). Let them know he's concerned for the children. Then go to the courthouse and file for the Domestic Violence Restraining Order. They will take him in front of a judge that will ask him a few questions to make sure it's necessary. Then the judge signs it. This will keep the ex away until an official court date is set. On that court date, your BF will go in front of the judge again. The judge will hear his side and his ex's side, then determine if the restraining order is still necessary. If so, he will order it to stay in effect. This is where you will need your documentation of threats and her history. I think I paid $49 to file the restraining order and have my ex served. It was much cheaper than the attorney and it kept me and the kids safe. All the custody issues have to be done through an attorney. Having all this reported and on file will strengthen your BF's case. If money is an issue, he can also apply for an economic hardship. If he qualifies, they will file the order for a reduced fee or free. Whatever you decide to do, just remember to consider that the kids will have to live with it. It should never be about the adults or what they are fighting about. It's about safety. One day their mother may get her stuff together and if she does, she will want to see them. Keep it as civilized as possible. Ask the attorney about a guardian ad litem. This is a court appointed attorney who represents the children. This person is usually a volunteer who protects the rights of kids. They talk with the kids and represent their views to the judge and court. This person is completely impartial. They do not speak for the mother or father, just for the kids. If the children state anything harmful about their mom or any bad experiences, the truth will be on your BF's side. This shows that he cared to get the girls and truth represented. It costs him nothing. Since the guardian isn't on a parental side, the ex can't say she's being lied about. I hope this helps. God bless.