You can file a motion asking the court to modifly the orignal custody order, the law stipulates anytime a custodial or non-custodial parent can prove that their cild(ren) are in danger being with the other parent then a motion can be filed. If there has never been a court ordered custody in effect though the court, then you can file for sole custody. If you fear when he gets out that the kids are going to be in harm by being around the father then I would state that when you file for sole custody, if there has never been a motion filed.


