Parents who live together due to marriage or cohabitation generally share parental responsibilities. They each take responsibility for meeting the specific needs of the children. Those shared parental responsibilities usually persist even if the relationship between the parents ends.
When parents divorce or begin living separately, they typically need to establish a shared custody arrangement. Most people assume that shared custody should grant each parent a relatively even amount of time with the children. However, not all parents are truly equally capable of providing the support and consistency that their children need. Many adults struggle with substance abuse. They may be dependent on prescription medication or may drink alcohol excessively.
Can a pattern of substance abuse have much influence on the outcome of child custody determinations?
Evidence of addiction can influence custody orders
In some cases, parents struggling with substance abuse acknowledge that they cannot readily fulfill parental responsibilities on their own. They may agree to custody arrangements that grant them visitation instead of fully-shared parenting time.
Unfortunately, many people with substance abuse disorders do not acknowledge how their chemical dependence affects their lives and their families. They deny that they have an issue, which may lead to them seeking shared custody. In such cases, the other parent may need to gather documentation and prepare for custody litigation to protect their children from potential neglect and abuse.
Judges settling custody disputes have an obligation to act in the best interests of the children. They learn about family circumstances and then decide how to divide parenting time and legal authority between the two adults in the family.
Accusations of substance abuse generally require supporting evidence. Financial records showing how much one parent spent at a bar over the course of several months could be helpful. Arrest records and medical reports could also help establish that substance abuse has been a concern.
Parents can even keep records by maintaining a written journal or using their phones to document intoxication in front of the children and other dangerous behavior. With adequate evidence, a parent concerned about substance abuse can potentially convince the courts to limit the other parent’s responsibilities until they address their addiction.
Properly developing a child custody strategy can help concerned parents protect their children when they might be vulnerable. Substance abuse issues can compromise parenting capabilities and require careful consideration when parents separate or divorce.
