My husband and I are separated. I moved up to Ohio in Feb. 2009 and brought my three kids with me. My husband got orders to Dover, DE. And we thought it would be better for the kids to live with him. So in Oct. 2009 the started to live with him. The oldest is not his and we would like to get a divorce. Her real father lives in AZ. And really doesn't have much to do with her. He calls once every 2 months and at the most she will go and see him 2 weeks out of the summer. We do not want to split of the kids, but we are afraid that if we get the divorce he will try and take her. This whole time he has known that she is living with my husband in DE. Is there something that we can go to make sure that he can not get her after we get a divorce. I am the custodial parent.

You say the children are with your husband, but you are the custodial parent? If a court awarded you custody in the separation then you need to go to court to modify that.

As for the bio father getting custody, if he is the legal father, that is certainly a possibility. But court don't like to break up families. And with you being separated, the possibility of your current husband adopting is small.

I don't think there is anything you can do to insure that he doesn't get custody other than to maintain custody yourself. And even that is not 100%.