What are the chances I will get custody of the kids until he stops drinking and drugs? 17 Answers as of January 09, 2012

Very good if you file first.

The chances are very good that he will only be allowed supervised visitation until he can prove he is clean and sober for an extended period of time. It is not safe for the children otherwise.

If you file a divorce and seek and receive domestic violence restraining orders against your husband, that will create a rebuttable presumption under Family Code Section 3044 that an awardofany sort of custody to your husband would be detrimental to the best interests of your children. Even if your husband's conduct doesn't warrant domestic violence restraining orders, evidence of his drinking and drug use should assist you in getting sole physical and legal custody of your children. You would best retain the services of an experienced Family Law Attorney.

Probably very good. The court is not going to allow a parent who is unfit unsurpervised visitation. Also, he probably has a restraining order at the minute preventing him from coming home or near you or the kids. If not, you are probably entitled to obtain one. The issues that a court uses for determining primary custody and parenting time issues are the ones that common sense tells you probably apply: the best interests of the kids, and the likelihood of harm. Drug use in their presence is harm. Being violent is harm. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.

Custody and parenting time decisions are made "in the best interests of the children" based on several statutory factors, and if one of the parties has substance abuse issues, this can certainly affect the determination of these issues. A court can order a parent to undergo random drug or alcohol screenings to monitor "sobriety," and if a parent tests positive for illegal substances, the court can order that the parent exercise only supervised parenting time until a sufficient period of negative tests have been obtained. I recommend you speak with an attorney to discuss the process involved with moving forward, and to help determine your best course of action.

You obviously need to file for a divorce or legal separation and let a court determine how to allocate parental responsibilities if you and your husband cannot agree to a reasonable parenting plan. The court will decide that based on the best interests of the child and can impose reasonable conditions or limits on your husband's access to the children. It isn't possible to say what "your chances" of anything are, but the court will apply some common sense to the actual facts and circumstances and do what is necessary to protect the children if his drinking and drug use is a threat to them.

Its time to file your divorce action and an ex parte motion to remove husband from the family home and restrict visitation to supervised visitation until husband gets into a rehab program and remains clean and sober.