need advice on eea2 application

i am a non eea national[male] married to an eea national[female] about two years ago in my home country legally.we have known each other for 12 years now but only got married about 2 years ago when her divorce came through we have 4 kids together who are e.u passport holders as well and my names are on their birth certificates
i applied for a renewal of my uk visit visa in 08 but was turned down with option to appeal,which i didn't, thinking that i was going to relocate to my wife's country of nationality which i did through the back door without applying for a visa,now seeing that there is no possible way of getting residency there(this was before zambrano case],we were advice by an immigration consultant to relocate and apply for rc in another e.u member state while she is excersing her threaty rights.
we are now in the u.k where she is working for about a month and the kids are in school,i want to apply for the rc now, my questions are
1. is it too early to apply
2. i do not have a current u.k visa,will that affect the application
3. should i acquire the help of a solicitor
Good people, your advice will be greatly appreciated.

I believe you can apply at anytime, so long as your wife is exercising treaty rights. There is no restriction on when you can apply.

Entry without an entry clearance, which is not a requirement, should not result in a refusal.

You case appears straightforward in regards to your relationship history. It does not seem complex to the point that a solicitor is required, except if you feel it is necessary to have one.

thank you very much obie,that was a relief,one last question,we want to apply for child benefit for the kids,will claiming child benefit constitute a hindrance as they are all e.u citizen kids and entiltled to it.