Here is my problem. I am divorced and have joint custody with her having primary residence. She has done nothing but use our children as cash cows for herself. Any how My questions are these. My ex has to have extensive surgery on her spine. That will render her Disabled. That is not being able to work, drive, or take care of a 5 and 4 yr old. I have been discussing with her about taking over custody on a temporary basis, but she is refusing to allow that to happen. I have first right of refusal written into my divorce papers, but she is wanting her new man to help her with the kids so she is refusing to allow this to happen. If I understand correctly she can not do this. So I should be able to file an emergency hearing to get this change. Second If this is granted. I should be able to file for permenant custody, based on the fact she will be unable to provide for the children, not be able to drive, nor take care of them. This will also play a big role because my ex and her new man are having problems as it is. So she will probably have to move in with her parents again, because she will not be able to support herself much less the children. Any help here?

GV70

Yes-you understand correctly...You have the right to file an emergency hearing to modify the custody order on a temporary basis. Step-parents do not have custody rights. I am sure you will prevail.First get temporary sole physical custody.