We live in Ohio, I am the step mom, the father left us and moved to DE. He was given custody in Florida when he divorced the biological mother. No word from her in 9 years.

I want to keep them, they want to stay with me. I HAVE NO MONEY. Went to court for custody and was told I filed in the wrong court, (filed in Juvinile for custody) was told to file in probate. Supposed to be divorced from the father on Wednesday, this is Monday.

Anyone know what I should do next?? Please help us.

You have no legal right to file for custody. You can file for temp guardianship ( maybe) but either the chldrens father, or the mother, or even one of their family all have more rights to claim the children than you do as just a step parent, who has never adopted the kids.

Without an attorney you have almost no chance of this at all.

Thank you Fr_Chuck. I still have to keep trying but at least you are honest with me. Very much appreciated!

Just to be clear. You married their father who has now left you and you are going through a divorce. You have no idea where the bio mother is.

Is the father asking for custody as part of the divorce? How old are the children. Are there grandparents in the picture?

Illinois: IL Statutes, Chapter 755, section 5/11a-3.1

This "guardianship" designation allows the caregiver to access services on behalf of the child that without such a designation might prove impossible.

Legal custody is a similar status to guardianship, but is usually bestowed by a different court that has different procedures. Guardianship is usually granted by a probate court, whereas a family court grants legal custody.
According to 755-5/11a-3.1 you have to file for guardianship.

Umm, she's in Ohio not Illinois!

I've found that some states include Family Court under the Probate sections. Juvenile court sounds more like criminal court for underage offenders.

But shouldn't custody be part of the Divorce proceedings? When you go to court on Wednesday will that be the first hearing in the Divorce? Custody should be part of that process.

My mistake!

Ohio has 2 systems for this... The first is what they have told you. If you were not married the other option would have been JV court. A lot of stickiness is coming your way make sure you have a lawyer on your side. Besure to tell them when he left and every detail since. Good luck Ohio has ways of throughing up road blocks so keep on your toes.