When a parent or guardian has an addiction to drugs, alcohol, or other substances, it can have devastating effects on their family. This problem can be particularly difficult for the children involved.
When making a child custody ruling, courts look at every aspect of a parent’s life. A parent’s work schedule, for instance, may not be conducive to healthy parenting. Given this fact, it’s no wonder that substance abuse will have a direct impact on someone’s ability to keep or see their children.
This article takes a broad look at how substance abuse issues can impact child custody cases.
How Do California Courts Make Their Child Custody Rulings?
When making custody decisions, judges consider a range of factors, including:
- The child's age
- Any special needs the child has
- Any history of domestic violence
- The health concerns of both the parents and the children
- Each parent's ability to provide for and care for their child
The last standard on that list, “ability to provide for and care for their child,” encompasses many factors. They include a parent’s work schedule, economic circumstances, home safety, and whether or not the parent struggles with substance abuse.
Substance abuse can cause a parent to become unreliable and unable to properly care for a child. Judges will consider a parent's past substance abuse history and current usage when determining custody arrangements.
The Impact of a Parent’s Substance Abuse on Children
Children of addicted parents can suffer a tremendous amount of distress. This stress leads to a wide range of behavioral, emotional, and developmental issues.
When a parent struggles with addiction, the family dynamic shifts, and children are often left to fend for themselves. These kids feel isolated, neglected, or angry. When these feelings are a constant part of their lives, kids can develop long-term mental health disorders, such as depression and anxiety. Often, they develop substance abuse problems of their own.
Judges are aware of these impacts, and they will apply them to any custody case they oversee.
Protecting Children of Addict Parents
Sometimes, the best way to help children is through the court system. The child’s other parent or even a concerned third party can plead with the state on the child’s behalf.
Going to court to prove that a parent has substance abuse issues is a challenging, sensitive matter. Here are a few steps you can consider when preparing for this process:
Document Any Evidence
Collect as much evidence as possible to support your claim, such as photographs, videos, text messages, or any other documents that demonstrate the parent's substance abuse issues.
Seek Professional Guidance
Consult with an attorney who has experience in child custody cases. They can provide you with legal advice and guide you through the court process.
Obtain Expert Opinions
If necessary, gather opinions from professionals such as therapists, psychologists, or substance abuse counselors who can assess the parent’s behavior and testify to their substance abuse issues.
Keep a Record
Maintain a detailed record of any incidents or situations involving the parent's substance abuse, including dates, times, locations, and any witnesses present.
Gather Witness Testimony
If anyone else has witnessed the parent's substance abuse issues, ask them to provide written statements or if they are willing to testify in court.
Child Custody Negotiations When One Parent Struggles with Abuse
Going through child custody mediation or negotiations is always challenging, but when one parent is an addict, that difficulty increases exponentially.
The priority of these talks is always serving the child’s best interests, and you must figure out how to do that within your family’s circumstances.
Ultimately, removing the child from their addicted parent is probably the best solution. That seems like a common-sense solution. What, then, do we do with a parent who loves their children, but substances have taken control of their lives?
Within your negotiations, you can create provisions for the addicted parent. For instance, you can create stipulations that the parent goes into therapy. Then, when they get sober and maintain that sobriety, they can have more access to the kids.
Your negotiations can include attending a rehabilitation program, undergoing drug testing, and participating in support groups. If the parent is genuinely repentant and wants to do better, your decisions can assist them in this process.
Working together, parents can create a plan that results in a stable and safe environment for their children.
Resources for Families Dealing with This Problem
Resources are available to help families cope with substance abuse while navigating the complexities of a child custody case.
Such help includes:
- Support groups
- Legal assistance
- Parenting classes
- Counseling services
No family should have to face substance abuse and child custody issues alone, and with the right help, they don't have to.
Singleton Smith Law Offices, Inc. is here to help families negotiate fair child custody agreements. If necessary, we can also step in and help protect children from abusive, neglectful parents. To schedule time with our team, call us at (951) 779-1610 or contact us online.