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How does the best interest doctrine impact child custody?

On Behalf of | Aug 27, 2024 | Child Custody |

Divorce is a heartbreaking event, often resulting from relationship breakdowns or serious issues like substance abuse. These issues could ultimately impact child custody after the divorce. If the parent actively tries to rehabilitate themselves, could a child custody agreement be altered in the future?

Custody for the best interest of the child

In cases of alcohol abuse, the non-abusing parent typically gets awarded custody. During these negotiations, though, the courts prioritize the child’s best interests. If the non-abusing parent cannot or will not care for the child, or if the abusive parent shows significant progress in their recovery, the court may consider her for custody.

If problems arise with awarding custody and parents cannot agree on joint custody, the state can intercede and devise the best course of action. To determine the foundation of their decision, the court may look at:

  • The child’s preference
  • The relationship of each parent with the child
  • The parent’s preference
  • The child’s adaptability
  • The mental and physical health of the parents
  • History of abuse: substance, physical or psychological abuse
  • The parent’s ability to provide for the child

A parent actively working to end their deadly addiction should aim to get custody of their children, and this requires consistent effort to prove their sobriety. It is also important for them to provide a safe and nurturing environment.

Sharing custody in the future

A parent seeking to regain custody after struggling with substance abuse faces a challenging journey. To aid in the transition, the reforming parent should be granted visitation rights, making sure it is also in the child’s best interest. These visits can be supervised initially, gradually transitioning to unsupervised visits as the parent demonstrates their commitment to sobriety and responsible parenting.