Can I get full custody if spouse has a DUI

[garzate05]

What is the name of your state (only U.S. law)?
California

I don't know where to start if I go into divorce. My spouse and I have been separated since February. It has been one month and since then he got two speeding tickets (88-91 mph) and a DUI. I am a stay at home mother and the only income I get is from my spouse. Originally he had scared me that I will lose my kids because I don't have a job. I want to know if I have a chance on keeping my kids if we go through a divorce. I want full custody because he does not show up on the times we originally had agreed and because I know he has a lot of problems going into his life, specially now with his DUI. He works long hours at work and does not value our kids.

I have moved back home with my parents and have my daughter age 5 going to a good school. Once I find a job, my mother will be able to watch my 2 year old boy. I know divorce is expensive, but my main concern is my kids.

With me not working, is there still a way to file for divorce and still keep my kids? What should my first step be?

 

[Zigner]

If you have always been the primary caretaker of the children, then that is unlikely to change. Your husband will be allowed to visit with his children (as well he should be.)

 

[LdiJ]

What is the name of your state (only U.S. law)?
California

I don't know where to start if I go into divorce. My spouse and I have been separated since February. It has been one month and since then he got two speeding tickets (88-91 mph) and a DUI. I am a stay at home mother and the only income I get is from my spouse. Originally he had scared me that I will lose my kids because I don't have a job. I want to know if I have a chance on keeping my kids if we go through a divorce. I want full custody because he does not show up on the times we originally had agreed and because I know he has a lot of problems going into his life, specially now with his DUI. He works long hours at work and does not value our kids.

I have moved back home with my parents and have my daughter age 5 going to a good school. Once I find a job, my mother will be able to watch my 2 year old boy. I know divorce is expensive, but my main concern is my kids.

With me not working, is there still a way to file for divorce and still keep my kids? What should my first step be?

You are clearly the children's primary caretaker therefore its highly likely that you will end up with joint legal custody (joint decision making) and primary physical custody. The DUI and speeding tickets are not going to matter if the children were not in the car with him when they happened. The fact that you don't have a job won't matter either.