Will it be easy for me to get custody of my kids?

Will it be easy for me to get custody of my kids if restraining order is in place and he’s in prision for 3 yrs for domestic?: He has many drug charges and domestic two times the last one being keeping us hostage and restraining order is in place can this help me divorce and get full custody

Lara’s answer: Getting legal custody and physical custody (note: they are 2 separate types of custody orders frequently rolled into 1 order) is certain if your ex was found guilty of committing domestic violence against your children. However, depending on what the Court determined when issuing the restraining order, the Court may afford visitation to your ex under a supervised visitation plan. (note: “visitation” is not the same thing as “custody”). The situation with your ex will not help you get your divorce simply because California is a “no fault” state. All this means is that you do not have to have a reason (referred to in Courts as “cause”) to get divorced other than you have “irreconcilable differences.” Good luck and best wishes on starting a new life.

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