Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...
Yes, you can still fight for your children with your boyfriend around. However, apparently "they" (protective services?) have a belief about your boyfriend that he is a potential danger to your children. Do you know why they believe this? If so, and if you know it to be invalid and untrue, you may want to try to prove that. If what they say or fear is true, it is likely that while you can fight for your children to be with you, you are less likely to win. There will also be an added strike against you if it appears that you are putting your children second in importance to your boyfriend (i.e. you are willing to let them live elsewhere rather than let your boyfriend live elsewhere or allow him to associate with the children), because the court's want to see a parent who puts their children's interests as the only top priority.
They will likely not sever your rights as a parent based on this alone but keep in mind there are NO guarantees when children are involved. (For instance, what if there is a family/person that wants to give the children a solid family life more than you wish to, via adoption?).
Your lawyer is right in that, particularly if the statements about the boyfriend are only unproven allegations, you have more of a chance of winning custody then if those allegations were proven. However, if there is any supportive evidence of the allegations, even testimony of witnesses, your case is weakened. You may want to present evidence of all of the good qualities in your boyfriend, ie. good worker, solid citizen, clean record, close with his own family, well-liked by the kids, etc. - it will help show that the allegations are likely to be false.
Good luck! Let me know if anything is not clear.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for same from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Thanks!
Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.
Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up if needed. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.