Going on Vacation, Then Staying and Trying to Change Custody

My question involves a child custody case from the State of: ohio

I am recently in california have been out here for three months visiting my mother! im from ohio my two children were born in ohio ad thats where there father is! he keeps threatening to take my girls from me and im terrified to go back home thinking about it gives me bad anxiety attacks. Is there any way i can fild for custody out here in california?? im guessing no ad i will have to fight to move here with my girls.. i honestly have more support out here in Califoria iwould have a place to stay while i get on my feet and she can also get me a job! he already said there is no way he would let me move... he also tells me he would get custofy of the kids because i have no job or no car but he keeps a tight leash on me hasnt bought me a car and wont et me go get a job... im terrified i will lose my kids because he would obviously keep the house and i will be out on my ass!

Is there a custody order already in effect?

No custody order we haven't even filled out divorce papers yet

Okay, so the court will likely want to know why moving the children from their other parent is in their best interests.

Can you answer that?

If you file for divorce, he will not "obviously keep the house". Since you are currently the children's primary caregiver and a stay at home mother, you would more likely be awarded primary custody and continued use of your home. Along with child support and temporary spousal support.

The only way you can file for divorce and custody in CA is if it is done no sooner than one day after you and the children have resided continuously in CA for six months

Ok we'll since I have been here for three months I have proof with my plan tickets and a doctor visit for my daughter and my prescription refills at Walmart!! Or do I have To actually go get California I'd!!!

The only requirement to file for divorce-custody in CA is that you have been living there with your children at least six months. And that divorce was not filed in OH first

well i guess he filed for divorce and a lawyer told me to stay here til i get my court date in the mail and when i go to court to leave my kids in cali wih my mom and most likely they will let me stay in cali with the kids since they dont want ot uproot them since they have been here for a little over 3 months! this true?

Get a different attorney.

Think about it - YOU uprooted them first, not Dad. He has every right to ask the court to order them back to Ohio.

I didn't uproot them I had just came out to California to visit my mom that's when all of a sudden he wanted a divorce a few weeks later! I come out here every summer to visit my family.. He's the one who told me not to come home that he didn't want me and the girls to go back so I didn't know what todo and extended my flight! Now he's saying he wants a back ASAP or he's getting me for kidnapping I extended my flight cause he told me not to go home And he was filing and I have no one out there I was scared and didn't want to be on the streets with my kids!