What Would You Do? **TRIGGER WARNING**

My SO and I have had a bumpy year. He got me out of an abusive relationship a about a year ago where me and my kids were being abused. The kids ended up back with their dad because of work then he called dss saying my SO was molesting the children so he got told to keep them until they went to a therapist and could clear my SO name. went 3 weeks into us waiting on dss I had gotten to see the kids maybe 3 times and I get a knock on my door from my mom. My 14 month old had stopped breathing. He had been small in size and we were trying to bring his weight up. My husband was in charge of making appointments seeing I was a full time working mom and he was a stay at home dad and he always made excuses and when I'd call I couldn't bring them because when they had openings I was at work. He swears he didn't know how to set up an appointment. My 14month old passed away 2 days later from what we thought was natural causes. My 6 year old who was with him that night now told his therapist (my other 2 are in foster care until this is settled) He knows "daddy" killed brother. He even reenacted it. They're trying to charge us both because I knew of the abuse but I was afraid to leave and we shared a phone so I couldn't call the cops when I needed to. I talked to my lawyer and it's going to be a long road but she sees me winning the case. But they brought my SO into it because I was around his son and now he has a chance of dss taking him. They want us to separate for him not to have to sign his rights over. We are just baffled. I haven't been convicted of anything and they're trying to use loop holes to get their way even wont let the mom have him right now until he loses contact with me I just don't know what to do. We have loved each other since Highschool and all this is so screwed up.

***UPDATE*** I was asking emotionally. Hes moving out next weekend and we will listen to dss neither of us wants to risk the kids. I'm just a very anxious and emotional person and I don't know how to handle him not being here every day. Hes been the one here since my son died, protecting me, holding me, helping me through panic attacks. Hes promised to keep in touch with me as often as possible which is pretty much constant and he will come over on weekends when dss is closed and cant check on him. But my mind still goes nuts. I'm a stay at home gf, I cant find a decent job due to the charges at hand being on my record until this is all over with. Does this mean i have to find a crappy job that's going to work me to death for little to no money? Does this mean i get to hurt my kids again (emotionally by telling them) when their protector and favorite guy ever doesn't come to visits because he cant have contact? Do I have to go through my case alone seeing now he cant come to court with me seeing he has to have no contact? I just feel so alone and since losing my son that scares me.