Substance Abuse and Child Custody

Last Updated : November 27, 2024

In a child custody case, any substance abuse problems for either parent can be a major deciding factor in the proceedings. The excessive use of drugs and alcohol can result in erratic behavior and may create a dangerous environment for the child or children in question. The family law attorneys of Arenson Law Group, PC are knowledgeable about the laws surrounding child custody and are dedicated to protecting the rights and livelihoods of our clients. If you are facing a child custody dispute related to possible substance abuse issues, please feel free to get in touch with a member of our legal team.

The Dangers of Substance Abuse Problems and Children

A parent who struggles with substance abuse may not be fit to care for a child for several reasons, including the risk of exposing the child to illegal substances. Other reasons could be:

  • Possible neglect or abuse due to erratic behavior
  • Increased potential for the presence of criminals in the household
  • Increased probability of driving with the child while under the influence

All of these possible consequences can dramatically affect a child’s health and well-being. As such, the court system allows worried parents to voice their concerns.

A parent participating in a custody case should know, however, that the use of drugs or alcohol alone is unlikely to result in an order of supervised visitation for the parent using the substance. If you suspect that the other parent is using drugs, document your observations to the best of your ability. You may wish to keep a journal or log of the times you know the other parent has used drugs or alcohol. If a parent uses alcohol or drugs around their child, this evidence will weigh more heavily against placing the child with them. In contrast, if the parent only uses substances when the child is not present, has only used on a few occasions, or hasn’t used drugs or alcohol for a long time, these factors will have less impact.

A history of substance abuse does not necessarily lead to losing custody of a child. The judge will want to see that you have taken accountability and have taken steps, such as attending counseling and or/treatment, to remedy the issue. You should be able to prove that you no longer abuse drugs or alcohol and can provide a safe and stable environment for the child.

Contact a Family Law Attorney

At Arenson Law Group, PC, we understand that child custody cases are often arduous and emotionally charged. Our skilled attorneys actively resolve disputes to ensure quick and fair outcomes. Please call us at (319) 363-8199 or contact us through our online form to discuss your legal options with a Cedar Rapids child custody attorney today.

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