Will I get my children inthe divorce?

UPDATED: Oct 8, 2011

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Will I get my children inthe divorce?

My wife has been on drugs for about 5 years and is not going to stop. Our children have been taken away by CPS because of it. She has overdosed 3 or 4 times in the last 2 years. She has been in and out of detox 2 times. She has called the police on me many times and told them I hit her when I take her drugs away from her (I never hit her). However, I have been arrested for so Ihave a DV on my record. It goes on and on. Iam worried that because of the DV that I won’t get my children.

Asked on October 8, 2011 under Family Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You and the children have surely been through a lot and I am so sorry for the situation.  I would go and speak with an attorney as soon as you possible can.  Generally speaking, the courts will place custody of children where they believe the best interests of the child lie. You say that you have been arrested for the domestic violence but have you been convicted as well?  That is going to be a factor here.  It is obvious that your wife is not fit to have custody of the children and you need to get out and establish a safe home for you and the kids.  But you are going to need help.  Good luck.

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