Divorce

My girlfriend has been in a unmoving divorce with her ex for 3 years. We've even had a child of our own at this point. The judge looking over the case stepped down due to medical issues and its been at a standstill since. He is an abuser but always finds a way to victimize himself. He hijacked the 2 kids from their marriage, lawyered up and has had them since. She was allowed visitation without him around at his house, fast forward to today. Cps has had a case open on him for a while now. He has no home, works but has no money. Gone for weeks on end and sees the kids at his aunts house every few weeks. He cant enroll them in school because he was banned from the property. His house when he had it was filthy. Drugs, alcohol, pesticides just out and about. We talked with cps because we have a house inherited in another state because we dont have space here and talked about moving there with the kids. Cps said it was a great idea with the girls current situation amd the unmoving divorce and we planned to go. Suddenly the plan to take the kids is gone because he out of nowhere decides to wave his rights. We have a place to live and a house with space in another state. School, doctors, everything. Again, he has no house and the kids are at school online at his aunts house on top of the fact they never are allowed to leave the property. Is there any legal way to get the kids out of that situation and take them with us? 3 years is too long for a divorce and custody case and so far everything hes done is out of spite.