Shared custody is common when parents divorce. While a truly even division of parental rights and responsibilities is difficult to achieve in many cases, judges settling custody disputes often try to give both parents time with the children and a say in their upbringing.
Sadly, not all parents are equally capable of providing their children with the support and stability they require. Substance abuse is one of many personal challenges that can have major implications for children. Addiction in families is common, but that does not mean that the courts simply overlook it as a concern.
Documented addiction can alter custody terms
Judges hearing litigated custody cases have to defer to state law. State custody statutes require that judges consider many factors while deciding what is in a child’s best interests.
The capability of a parent to meet the child’s needs is a key consideration. Parents with substance abuse disorders may struggle to properly and consistently meet their children’s needs. Alcohol, prescription medications and illicit drugs can all undermine parenting capabilities.
Parents who are under the influence may not be able to transport their children for medical attention in an emergency or may drive with their children while impaired. They may not be able to protect their children from dangerous situations.
In fact, they may expose their children to danger by becoming volatile or taking them to places with many other intoxicated adults. Parents concerned about protecting their children may need to gather documentation to support their allegations of concerning substance abuse habits.
Developing a child custody strategy based on state law and family circumstances can help parents protect their children, who are vulnerable when their parents divorce. The courts may consider substance abuse allegations if there is documentation to support them.
