Greetings. Do not sell yourself and your children short. Yes, you have a chance of getting your children. If I were your attorney, I would first contact her and try to negotiate a settlement out of court. I would give her two weeks to comply with a settlement offer/demand. If not, I would discuss with you filing for custody - especially since your children may be in danger from the older child. Then, I would try to set up a temporary hearing for custody prior to the mediation so we can have a schedule of custody until a final hearing - informing the judge of the fights with the children. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.