Can I have a sole custody for my 2 children if my husband is been jail for domestic violence

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my husband had a drinking problem and got hook in pain killer drugs, chewing tobacco to make him feel high or booze. now he got a restraining order for 1 year. when my eldest son was 10 years old only he punched him on his stomach for telling him to stop drinking. he doesnt have patient with my youngest kid. he was diagnosed with autism when he was 2. one time he slap his face because he cried a lot. couple times my son caught him watching adult movie and playing himself and it bothered him so much. he filed for a divorced and want a 50/50 custody. I am afraid that it's not good for my kids.

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Carla Hartley ·
Based on my understanding of the facts outlined in your question, I would recommend that you go to the self-help center at your local courthouse. You need to file a Response and Request for Dissolution within 30 days of being served with his Petition for Dissolution or he can take your default. You say he is asking for 50/50 custody: did he file an Order to Show Cause requesting that? If so, you also need to file your Responsive Declaration to his Order to Show Cause for Custody and Visitation at least 9 court days before the hearing date on the front of his paperwork. You should ask the Court in that OSC, based on the above facts and any further facts that are relevant, to give you sole legal and sole physical custody with limited, supervised visitation to Father. You say "now he got a restraining order for 1 year." In context, I am guessing that means he is currently the party restrained by the restraining order. Is the restraining order part of a criminal case? If it is, you want to ask the Court in your family law case (the one you are filing that OSC in, discussed above) to take Judicial Notice of the criminal case proceeding and restraining order. This is a significant factor for the Court to consider and would support your argument that he should have only supervised visitation with the children. As you can see, I am kind of guessing at some of the stuff that's going on. I cannot give you much more information without asking a lot more questions. You really should call a local attorney in your area for a consultation. Even if you choose not to retain that attorney, you could get some good information about the status of your case before going in to the self help center at your local courthouse.
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