Addictions, Chemical Abuse and Child Custody

One issue thar often comes up in custody cases is parental substance abuse.  How that affects child custody depends on myriad of factors.  Generally, it is not sufficient to just alleges substance abuse. It is important to tie in specifically how that substance abuse negatively impacts child safety and parenting time.   Some factors may include: 

 

(1) The Nature and Severity of the Substance Abuse Problem: The court will examine the extent of the parent’s substance abuse. Marijuana is now legal.  As a result, Marijuana use may have a negligible impact.  Abuse, however, that affects child care, can have a significant impact.  

 

(2) Impact on Parenting Ability: The key is demonstrating to the Court the impact the abuse has on a parent’s  ability to meet the child’s needs. Do they drive intoxicated with the child in the car?  Do they pass out so they cannot meet their child's needs

When one parent has a substance abuse issue, the court may impose a number of restrictions to ensure that children remain safe in each parent's care.  It is not unusual  for provisions as follows:

 

1. Supervised Visits and Evaluations: Courts may order supervised parenting time. It will often require the parent who has the issues to undergo a chemical use evaluation a using the other parent as a collateral for information and then require the parent undergoing the evaluating to follow any recommendations for treatment  for parenting time to move forward and expand in a safe way.   Supervision may occur in a supervised parenting center, with a trained community supervisor or an agreed upon third party or parent .

 

2. Sobriety and Testing.  The court may order a parent to abstain for any non-prescribed mood-altering chemicals before or during their parenting time. There may also be provisions requiring testing to ensure compliance. Testing may include provisions for a hair follicle test . The court may also allow for breath testing or Urinalysis testing where use is suspected before or during parenting time.  The costs related to such testing may also be allocated as part of a court order.

Always consult with an experienced attorney regarding your legal matter. 
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