As a result, it is rare that an addict will be granted primary or even shared custody of his children. To demonstrate to the court that you are in an active state of addiction, the judge may order you to participate in a substance abuse examination done by a court-appointed evaluator. If you fail the exam, you will not be allowed to retain custody of your children.
If you are able to show the court that you have undergone this examination and still cannot stop using drugs, then they will most likely deny you custody of your children. Addiction treatment programs can be very successful if you give them a chance; do not assume that just because someone is using drugs daily that he or she is unable to change.
Many addicts realize how much they need their children after spending time in jail or in the hospital with a chronic disease. Once out of these situations, they want to be part of their child's life and try to regain custody. However, due to their history of drug use, many courts believe that they are still at risk for returning to their old ways. Therefore, unless they undergo treatment for their addiction, they will probably not be given custody of their children.
In severe instances, a judge may grant the sober parent complete custody of the children, with no visitation for the addicted parent. A judge may decide to revoke a parent's parental rights entirely in circumstances when an addicted parent has caused substantial damage to a kid as a result of substance usage. Judges take into account the safety of the child when making decisions such as these.
Many states have specific laws regarding the custody of children when one parent is using drugs or alcohol excessively. The most common outcome is that the non-using parent gets full custody of the kids. But if the drug use is so severe and interferes with daily life such that it threatens the well-being of the family, then the other option is available - losing parental rights. In some cases, this may include termination of the using parent's employment contract, if they work outside the home. Otherwise, they could be found in violation of their employment agreement if they use drugs at work.
Judges are required by law to consider the best interests of the child or children when making any decision about their care. If you are facing drug addiction in the court system, it is important to have an attorney present during all hearings. An experienced lawyer can help ensure that your rights are protected and guide you through the process.
Attending drug and alcohol addiction treatment, in reality, is a commitment to keeping sober for the sake of their children, and it is an achievement that should make parents proud. While it is possible to obtain full custody after completing an inpatient treatment, each scenario is unique and will be considered.
On this premise, the court is unlikely to allow any pleas to withhold the kid from the father. However, if a father takes major choices for their kid without consulting the other custodial parent, this might be grounds for rescinding the father's shared custody rights.
Some courts, however, give shared legal custody if the parent with the drug problem gets treatment or enters rehab. Making your case for custody during the initial divorce procedure is the ideal place to do it. For example, you could argue that granting you custody would be in the best interest of the child because his or her life would be easier if the parent was not using drugs.
If the drug problem arises later, such as when a parent is arrested for drunk driving or abusing alcohol, then the court may decide that shared custody is not in the best interest of the child because he or she would be affected by the parent's behavior even if they were living with that parent. At that point, the other parent might be granted sole custody.
It is important to remember that just because one parent is using drugs does not mean that they are unable to care for their children. If you believe this to be the case, then you should discuss this issue with your attorney prior to the trial so that they can help you present your case effectively.
Drug usage impairs a parent's capacity to care for their children and give them with a secure, caring environment in which they may develop. Children with a family history of substance misuse are more likely to have physical and emotional problems, as well as acquire addiction later in life. These children need special attention and support from parents and others.
Substance abuse can affect all aspects of a parent's ability to function as a caregiver. It can lead to violent behavior, neglect, inability to provide food or shelter for the child, and use of drugs during pregnancy. The following sections discuss some of the most common effects of drug abuse on parenting.
Alcoholism is a disease that can affect any family member, but it often affects mothers who are struggling with depression or anxiety disorders. Alcoholism can also lead women to turn to other substances (especially marijuana) to relieve their pain or deal with their depression. This can have an adverse effect on the baby. Mothers who drink alcohol while they are pregnant or who use other drugs such as cocaine, heroin, or methamphetamines are at greater risk of having a low-birth-weight or premature baby. These babies require extra care and attention from their parents since they are usually not able to see, hear, or feel pain like other children can.
If you so choose, you may enable the alcoholic or addict parent to make their own proposal and reach a mutual agreement and understanding. However, I would want to advise you that keeping clean and sober while in charge of the children's needs should never be jeopardized. If you feel like you can't ask for help when you need it or allow someone to fail at getting better, then you shouldn't be given custody of anyone under the age of 18. Kids need to see their parents working together toward a common goal of recovery and stability.
The alcoholic or addict parent who wants custody should go through a court process similar to any other applicant. They should be required to submit evidence of their rehabilitation (certification from treatment facility, letters from friends and family members stating how much they believe the parent has changed, etc.) as well as a plan for maintaining their recovery off of alcohol or drugs. The court may also require the parent to participate in counseling or other forms of rehabilitation before being granted custody.
It is very important for the alcoholic or addict parent to understand that losing custody of their child will affect them too. They will miss out on some of the most precious times in their child's life and won't be able to do all of the things that regular parents can. However, they can still be a part of their child's life by attending events, visiting with the child whenever possible, and communicating with the other parent if needed.