He does work, hes in the military. They had forced him into inpatient treatment in September after his arrest. He did 28 days there and seemed to be doing well after but has had 5 or 6 "slip ups" as he calls them since then. If his CO finds out hes been drinking he will be kicked out. Hes pretty secretive if he drinks. He goes to bars in bad sections of town so he doesn't run into anyone he would know. I don't allow him in the house if he drinks. I have all the house keys and if I suspect hes been drinking then he sleeps outside in his car. I am a stay at home mom. So getting an attorney would be difficult for me at this point. I have been saving money in a secret account so that I can afford a place of our own when we leave.
Unless you do something crazy, a court isn't going to take children away from a SAHM and give them to someone who's working and in the military.
In many states there's something called First Right of Refusal. That means that even if your H tried to get custody, he'd be told that the kids must be with you while he's at work because you have First Right of Refusal...which means he can't put the kids in daycare if you're willing to watch them yourself. You have to be given that option first.
Can you live with your parents for free? I know that you're saving money, but in truth, will you be able to afford food, rent, etc month after month? How much do you think your AH would be ordered to pay in child support?