cps custody

I don't think you have given enough info for anyone to give you an answer other than that you may want to contact a lawyer.

I don't think they can force your husband to move out, but then again neither do they have to return your children to you if there is evidence that your husband's presence is endangering them for some reason.

You don't say how long CPS has had your kids. Or why. Or whether you were living with your husband before you got married. Or why they'd want him to move out. Or what conditions they'd return your children to you.

You need to provide a little history and info if you want help.

There MUST be a social worker involved here. I am sure she/he went over all the conditions for the children to be returned to you.

If one of those conditions is that the husband be out of the house, then he must.

I doubt if your being married or not married to this man has anything to do with it.

Have they ordered him out BEFORE the children can be returned?

Is he involved with the CPS removing the children?

Are you being forced to choose between him and them?