When Does Substance Abuse Affect Child Custody

Child Custody With Parental Substance Abuse

Substance abuse issues can play a critical role in a divorce process with specific regards to a parent’s right to child custody and visitation. Generally speaking, this substance abuse can greatly sway the perspective on what is in the best interests of the child.

At the point, when a parent battles with illicit drug use, their parental rights might be changed. During a divorce, a court may deny a parent guardianship on the off chance that he has untreated drug abuse or addiction problems. The court may end their parental rights totally on the off-chance that they do not address their drug issues. Seeking treatment is frequently key to securing custody and parental rights.

How it Impacts Custody

For the most part, courts decide custody at the time of a divorce. A parent with an illicit drug use might be denied the privilege to partake in care of his child, in the event that they are using drugs. Similarly, the court may remove a parent’s lawful guardianship, if the parent does not look for substance abuse counseling. If the parents share custody the courts can change their order to give the parent with drug abuse issues sole custody of the child.

How It Impacts Visitation

If a parent has an addiction to drugs, the custodial parent has the ability to deny visitation to the parent with an addiction illness. They also can require the parent submit to drug tests prior to visiting with the child.

Modifying Custody and Visitation

When the parent’s custody and visitation or changed to reduce time between the child and the parent due to drug or alcohol related issues, the parent is often ordered by the court to attend rehabilitation meetings or facilities. If the parent is currently being treated visitation may be available, but only while the parent is undergoing treatment. A court can reinstate visitation and custody to the parent once the successful completion of rehabilitation has occurred. If the parent does not complete rehab the court can order permanent change to the order result in a loss of custody and visitation rights.