Dear JACUSTOMER - Your husband had no right to "kick you out" as this is the marital residence and you have just as much right to be there as he. You can file for a court order to have him removed if you like and you can file a complaint for divorce and a motion for temporary custody of the children. If you need legal assistance you can contact your local legal aid office or the Bar Association and I have included the website for the Bar below for your convenience. Child custody is based on the best interests of the children. The fact that you have no place to live has been directly caused by your husband so if the court determines you are best suited to have custody the court can order your husband out of the house and allow you to move back in with the children. There is no specific qualifications to being award custody. Each parent has an equal right to custody so the court will make a determination based on all the facts as to which parent is best suited for the task.
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