Stress from work, injuries and social pressure can all lead to someone trying dangerous drugs, developing a habit involving prescription medication or drinking alcohol too frequently. Some people choose to divorce a spouse because of their substance abuse disorder. Many others believe that a substance abuse issue should influence the outcome of divorce proceedings.
When they share children, one parent may wonder if the addiction of the other might have any bearing on how the courts handle custody matters. Can addiction affect distribution of parenting time and decision-making authority?
Substance abuse affects parental abilities
Conflicts between the parents generally do not have much bearing on custody matters. Just because substance abuse is a point of contention during the marriage does not mean that a judge has to consider that during the divorce proceedings. However, the reality is that substance abuse tends to negatively impact parenting capabilities. Parents who are under the influence may become negligent toward their children. They may not be able to meet their needs, such as ensuring that they eat.
In some cases, substance abuse can make parents volatile. They may become aggressive toward their children. They might also leave their children alone without proper care so that they can go purchase drugs or spend an evening at the bar with friends.
As a general rule, parents need to be able to take care of their children in an emergency. Someone who is drunk or high cannot transport their children to the hospital or administer first aid. A parent who can establish an issue with substance abuse could ask the courts to limit the other adult’s time with or access to their shared children.
Proof is crucial in custody conflicts
Simply claiming that the other parent of the children has a substance abuse disorder is unlikely to have much impact on a family law judge. Most judges have heard a variety of exaggerated or outright fabricated claims during litigated custody cases.
A parent who wants the courts to limit the parental rights of another parent needs compelling evidence. They might have medical records showing that the other parent has gone to the hospital while under the influence. They might have documentation showing that the children have suffered injuries due to abuse or neglect. There could be arrest records for infractions related to substance abuse. Financial records might even help, as they can establish how much money one parent spends on their addiction and therefore how often they are under the influence.
The stronger the case supporting the claim that someone’s substance abuse negatively affects their parenting abilities, the better the chances of a sober parent securing a favorable custody order. Those who act in the best interests of their children can potentially convince the courts to deviate from standard practices based on unusual and concerning family circumstances.