Parental Substance Abuse and Child Custody

Tensed about your former partner’s drug or alcohol use around your children? Substance abuse is a major issue that many adults struggle with. But when exactly, do the courts get involved, and what can you do as a concerned parent to shield your children while still follow the court-ordered visitation and child custody plan?

When Courts Get Involved

Courts generally reply to a parent's substance abuse either during a child custody hearing or when complaints about suspected substance abuse and its impact on the children are reported either to the court that issued the child custody order or to the state via the Department of Child Protective Services.

How the Courts Respond to Parental Substance Abuse

Courts take action when substance abuse happened in the form of alcohol and/or prescription or illegal drugs. This actually hinders a parent’s ability to care for his or her children or the parent poses a danger to the children's well-being. If the issue is raised during a child custody hearing, the judge will likely investigate the matter to determine whether the allegations are real, and if so, whether the parent’s alcohol or drug use impacts his or her ability to take care of his children, properly. In all 50 states, the best care of the child standard is used to determine child custody. This standard takes each parent’s general fitness which includes alcohol testing and/or drug use in BC into consideration. In addition, if there is a recorded history of past substance abuse, the judge may consider a parent's actions during that time period, as well, before making a custody determination.

Let’s assume that custody has already been determined. How, then, might the courts’ reply to complaints about substance abuse? If the courts decide that the complaints are legitimate, the judge may restrain the parent’s contact with the children by changing the visitation and/or custody arrangement. Sometimes, the judge may also order that a noncustodial parent’s visitation is controlled to assure that the parent visits the child in a safe and controlled environment. Sometimes, the court-appointed a social worker or family member to supervise these types of sessions. In addition, the judge may order that the visitation remain supervised until the parent can illustrate that there has been a change in circumstances or the parent takes part in a substance abuse counseling or rehabilitation program.

How to Handle Your Distress

If you are concerned about your previous partner’s alcohol or drug usage, you can raise this matter with the court and take crucial steps to document any incidents that support your matter of concern. This might incorporate police reports, Driving under the influence charges, or any other similar incidence. It’s essential to have a record not only of the other parent’s substance use but documents that show that substance use represents the parent is not suitable. If you are concerned about your child’s safety, you may want to file for a restraining order6 or refuse visitation with the other parent. Fear of abuse to your child is a valid reason to refuse visitation and will demonstrate your legitimate cause for concern to the judge.

If you are looking for guidance for a child custody plan, contact Denning Health, providing drug and alcohol consulting services in BC.