Their dad has been gone since January of this year and hasn't seen them or talked to them in several months. I don't know how to go about abandonment? We had a house in both of our names. He hasn't given me any money for them an now is talking about getting them. He is now with his baby momma who is not fit to be around my children. She has pictures of her posted on fb and other sights posing nude and implying sexual acts. He may be using drugs, but like I said we haven't seen him since late January 2013. He has left many times before and stayed gone for months an this is the only time I've had a problem with him trying to or saying he wants to get my girls.
He hasn't worked in 4 years and is now living with his baby momma, her mom, her gay uncle, their son and her little sister. Now one is the house works they live off of the state an her disabled grandfather.
Divorce / Separation Lawyer
Based on the limited facts provided, you likely do not meet the criteria for emergency custody. However, you should consult with a local attorney who can review your situation more in depth and would be familiar with your local judges disposition towards emergency custody.