The same exact thing happened to my husband and his ex- he went to court and got temp. custody where the judge game the mom 6 months to get back on her feet...mainly it was so we could get the kids registered for shcool and they'd have a good home to stay in, and could go to our doctors and such. the 6 months came and went like a week- and mom didnt do anything to get her crap together- so now my husband has custody- and has for over 5 years now. if mom cant care for her kids- i think u should at least have temp. full custody til mom gets back on her feet.