Husban but Not Biological Father & Drug Addict Mom

Mom resides in Florida. Her husband resides in Mexico. Together they have 1 son however father is not listed on birth certificate and birth was PRIOR to marriage. Mom also has 1 daughter; father non on birth certificate and is in prison.

Situation: Mom has left kids at her mother and sister's home. Mom receives money from the state but contributes none to care of children. Mom is homeless, addicted to drugs, runs w/ the drug crowd, has abused the children and neglected the children in the past. Grandma and sister are afraid of the mom and have recently allowed her and drug addict boyfriend to stay in the home for a few days to wait for a check. Situation became ugly. Mom threatened to take the kids. Mom is now threatening to take the kids to New York. Sister, grandma and now grandfather concerned about the well being of the children. No one has legal rights to do anything.

What rights does her husband have in this situation? If she has abandoned the care of the children can he assume parental rights? .. can he take the children to his home or to the home of grandpa? If he removes the children is this considered kidnapping if he is still the legal husband?

The grandmother here needs to file for custody of the kids. That is the only way she will be able to keep the kids. That way mom cannot continue to legally collect welfare. If grandma has had the kids in her care, she has a good chance of getting custody. Start googling to see if you can find the forms online at your county superior court or go talk to an attorney ot go down to the court house to the self help area and file.