Do you have a court order granting you sole physical and legal custody? If not, you do need to get into court and ask for sole physical and legal custody of the children given that he is in prison for 25 years to life. I suggest you speak with a local family law attorney to discuss your options. Best of luck.
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Without knowing the present status of his legal relationship to the children, it is not possible to answer your question. It is one situation if you were married and now divorced, and quite another if not. It may well matter whether his paternity was established and whether any parental rights have been decreed. For the precise advice you need, contact a local experienced family law practitioner.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
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