I’m looking to file for separation and then later divorce, but I’m concerned about my children. My husband has a history of substance abuse, arrested, rehab, alcolhilsm, and currently has a breathalyzer in his vehicle because of past DUIs. I want primary custody because I’m concerned about there well being in his care. We have three children, 4.5, 2.5, and 7 months old. He is drinking more and becoming incoherent.
I don’t know what rights I have, but they are my #1 concern right now.

Rehill22, do you have a specific question?

If your husband’s drinking has interfered with the safety of the children, you can always file for emergency custody. Temporary emergency custody orders may be entered in order to provide continuing stability in a deteriorating situation, to preserve the status quo, to prevent a child’s removal from the jurisdiction, to return the child to an appropriate custodian, and/or to protect the child from harm, neglect or abuse.