Substance Abuse Implications in Family Law

Drug or alcohol abuse can have implications in family law cases. This includes child custody, child abuse, and domestic violence. If you have concerns about substance abuse, it could affect your custody rights for your child.

Substance abuse issues are common issues in family court and are taken very seriously by family judges. For questions about your concerns, get legal advice from an experienced family law attorney in your area.

How Can Substance Abuse Affect Child Custody?

When a person is abusing alcohol, illegal drugs, or prescription drugs, it can be a serious concern as to whether that person can care for a child. Parents can find themselves in a heated child custody battle in family court, accusing the other of drug abuse. Abusing substances can put a child’s safety at risk. Many courts will always err on the side of caution for the best interests of the child and the child’s well-being.

The court may temporarily modify existing legal custody orders or modify parenting time for drug abuse concerns. For instance, while the court is trying to determine not only if there is a valid concern about a parent using substances, but the court might also order the other parent to take temporary sole custody. The suspected substance abuse parent may be limited to supervised visitation with their child.

A judge can order drug testing for the parent who is accused of using drugs. Sometimes, the judge may order both parents to a drug test to rule out any possibility of use by both parents.

Drug abuse can affect one’s ability to function or make sound decisions. The court will want to ensure there is a valid reason to modify parenting rights. If the drug test result comes back positive, the judge may order ongoing drug testing. At this point, Child Protective Services (CPS) may get involved.

Once a parent’s substance abuse is confirmed, the court may make longer-term orders about child custody and visitation rights. These modified orders may remain until the parent is clean and sober and can demonstrate that they are no longer a danger to the child.

The court may address the substance abuse problem by having the parent attend court-ordered treatment programs. They may also order counseling regarding how the impact of substance abuse affects not only their child but also other family members.

What Are the Signs of Substance Abuse in a Parent?

The signs of a person using drugs or alcohol can vary as they are different depending on each individual. In general, some signs of possible substance abuse include:

• Drunk driving (DUI) convictions
• Risky behaviors
• Mood changes
• Withdrawal from friends and family members
• Hiding information or lying about issues
• Glassy eyes
• Slurred speech

If there’s a change in your co-parent’s behavior, it could be an indication of substance use. If you know they have a history of substance use and those behaviors reappear, they may have relapsed. If you know they have mental health issues and are not taking their medications; they could now be self-medicating with drugs or alcohol.

Does Your Attorney Have To Know About Your Substance Abuse Issues?

Most experienced attorneys will know they must still zealously represent their clients in family law cases. When substance abuse arises in the divorce process or child custody case, the attorney still has that job to do. That does not mean your attorney cannot recognize the substance abuse issue and encourage you to seek help before the courts even get involved.

Even if you resist, your lawyer’s job is still to represent you. Your attorney can still help you navigate the family court system if you are facing allegations of substance abuse. Allegations of substance abuse are a serious matter. Whether you have concerns about your co-parent abusing alcohol or controlled substances or you’re being accused of substance abuse, an experienced family law attorney can help you through the process.