Legal Question in Family Law in California
child custody
i am married to a us citizen, but our marriage is falling apart due to his addiction in prescribed drug...i left him and staying with his mom...i filed a restraining order for he wants our kids to dropped at his house without my supervision...he counter sue me and he wants the custody of our children....my paper for permanent residency is on process... will there be a chance that he will get my kids from me for am not a us citizen yet?
1 Answer from Attorneys
Re: child custody
The custody issue will be decided based on the best interests of the children. The fact that is his addicted to drugs, if the court is convinced, will reduce his chances of getting custody. You should immediately file the necessary papers to get a custody and visitation order. The fact that he is a drug addict may well result in an order for supervised visits.