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Thank you for your follow-up.Not a problem, and I happen to somewhat disagree with your opinion pertaining to emergency. While it is true that you generally have to battle against some preferential treatment due to being male, since you have been the de facto caretaker for three years, you personally can go to court, even tomorrow, and file an emergency petition for emergency sole guardianship, based on your current bond with the children, and the complete unfitness of ex who has not been acting as a mother to the children. If the judge grants such an order, you would no longer have to give the child over to the mother, and would instead have to later on go to court so as to establish permanent guardianship (or rather, custody, since I assume you are listed as a father on the birth certificate). But if you do not obtain custodial rights, then I am afraid that her rights as a mother would trump you rights, and you would have to provide her with the children, even over your own objections. This is why obtaining a temporary order is so important, as you can later utilize that, along with your three years of caring for the children, as evidence of your 'fitness' and your bond with the children.Good luck.
Thank you so much, I am going to the courthouse no later than Friday!
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