My son was arrested for domestic violence and narcotics when his wife called police and had him arrested at his job. She told police his hit her in her face and pushed her on his lunch break, in reality, on the friday before she struck their 1 yr old accidently when she was hitting him while he held the baby. We need to know if he can file for legal seoaraton and custody while he has a restraining order and drug charges against him.
2 Answers from Attorneys
There is nothing stopping him from filing for legal separation and custody. But it is unlikely that the court will grant him custody while he is fighting narcotics charges. You did not say whether your son was charged with domestic violence charges. If so there is a presumption not to give him custody of their children.
He needs a skilled family law attorney to assist him.