I’m a stay at home mom to three kids. I was arrested on marijuana charges many years ago, before we had kids. I have not smoked in years. My husband says if I leave him he will use my arrest to take away the kids. Can he?
He can try. But as long as there is no current abuse or neglect, there is zero chance he would be successful. Courts almost always give both parents some time with the kids. Because you are their primary caregiver, you would almost certainly get custody. Of course, there are no guarantees, and your husband has already signaled his plan to fight dirty. Start documenting everything, and hire a lawyer right now.