Will I lose custody of my kids if I am convicted of a drug offense?

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The fact you may be convicted of a drug offense may be one factor in determining who should have custody of your children. However, it is just one factor. The court will ask “what is in the best interest” of your children in terms of who should they live with the majority of the time. If you end up going to jail then certainly that will mean you will not be able to care for your children. However, if you are placed on probation and you enroll in drug classes the court may decide you are still capable of having physical custody of your children. The court will also decide what percentage of the time you should have physical custody of your children. The court could require you to visit your children with a monitor for a period of time until the court gets the results from your drug classes.