According to reports by the National Center on Substance Abuse and Child Welfare, nearly 1 in 8 children in the United States live in a household where one parent has a substance abuse disorder. For parents who are divorcing and trying to gain custody, substance abuse, along with many other issues, can complicate the divorce process and potentially derail that parent’s custody attempts.
Courts are focused on the best interests of the child when making custody or visitation determinations during or after a divorce case, maintaining the safety and welfare of the child as their foremost priority. While there are many guiding principles that the court will consider in custody determinations, one of the most common is substance abuse.
The Legal Rights and Obligations of Parents Toward Their Children
Both parents have legal rights and responsibilities toward their children, whether they are married or divorced. While both parents have the right to make critical decisions and have an ongoing loving relationship with them, they also have the essential duty to maintain a safe and stable environment for them.
In a divorce involving minor children, the best interests of the child will supersede everything else when the court makes its decisions. If the court determines a parent’s home environment or lifestyle interferes with their ability to meet their child’s physical or emotional needs, it can significantly affect its custody and visitation decisions.
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What is in the Best Interests of the Child?
The “best interests of the child” is a broad parameter, and the court will consider many factors based on the circumstances of each situation. Almost anything can be considered in a custody dispute if it affects a parent’s ability to care for their child.
One guiding principle in determining the child’s best interests is the safety and stability of the child’s environment. Any evidence that suggests that a parent cannot provide a stable and safe environment can be detrimental to a custody battle. Factors the court will consider when determining the safety and security of the child’s environment can include
- Each parent’s living conditions and whether the home environment will be conducive to the child’s well-being and development
- Any history of mental health issues and whether these issues could affect a parent’s ability to care for the child
- Consistent income and the financial ability to provide for the child’s basic needs
- Any history or evidence of neglect or domestic violence, even if the child was not directly involved
- A criminal record or history of criminal activity which may affect the safety and stability of that parent’s lifestyle or living environment
- Parental conduct that suggests a lack of responsibility or concern for the child’s welfare or well-being
- Evidence of substance or alcohol abuse that may impact a parent’s ability to provide a safe and nurturing environment for the child
Drug and Alcohol Abuse: A Critical Concern
Substance abuse issues are contributing factors in many divorces today. For divorcing couples with minor children, this means that the parent who is struggling with these issues may only get minimal custodial or visitation rights. While courts generally believe that children do best with access to both parents after a divorce, this does not mean the issue of substance abuse is taken lightly.
Because drug and alcohol abuse can significantly impact a child’s well-being in many detrimental ways, it will be a critical concern when the court gets involved in custody matters. If there is evidence or accusations of parental substance abuse, the court will need to ascertain whether there is a valid problem, whether it might pose a danger to the child or affect the parent’s ability to to care for the child, and what alternatives might be available to allow a safe and loving relationship with both parents while ensuring the child is not detrimentally affected.
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How Does the Court Regard Substance Abuse in the Context of Custody Decisions?
Whether parents are fighting to be the primary custodial parent or for weekly visitation, the court will look closely at their behavior. How can substance abuse potentially affect a parent’s ability to parent in the eyes of the court?
Impaired parenting skills
Consistent drug or alcohol impairment can make a parent emotionally and physically inconsistent or unavailable, which can be confusing and distressing for a child. Courts are also concerned that parents who are dealing with substance issues may provide poor role modeling, potentially influencing children to adopt similar attitudes and behaviors towards drugs and alcohol.
Exposure to unsafe and unstable environments
A parent’s substance abuse can create expose the child to unsafe living conditions, illegal activities related to the substance, or a heightened potential for domestic violence or child abuse.
The potential for neglect or abandonment
Unfortunately, parents struggling with substance abuse often prioritize their substance use over their child’s well-being. This can lead to the neglect of the child’s basic needs, a lack of supervision, inadequate nutrition and hygiene, and failure to seek routine and emergency medical care.
The possibility of emotional and psychological harm
Studies show that children who grow up with parents with substance abuse problems can suffer their own emotional and psychological effects, including emotional insecurity, lower self-esteem, and ongoing mental health issues such as depression and anxiety.
Academic and social challenges
The impact of a parent’s substance abuse can lead to a child’s poor academic performance, absenteeism, social isolation, behavioral issues, and difficulty forming healthy relationships,
Long-term consequences
Growing up with a substance-abusing parent can have many long-term consequences for children, including their own risk of abuse and suffering from the emotional and psychological scars of their parent’s abuse, often making it difficult to form and maintain stable and healthy relationships as adults.
Parental substance abuse can pose a significant threat to the safety, security, and emotional well-being of a child, potentially affecting every aspect of their life. Consequently, while the court still strives to allow the affected parent a consistent and loving relationship with their child, it heavily considers a parent’s substance abuse in custody cases to ensure the safety and long-term well-being of the child.
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Can a Parent Recovering From Substance Abuse Get Custody of Their Child?
The court will not make custody decisions based on the testimony of one parent against the other. Courts want both parents to have time with their children, so accusations of substance abuse must be backed up with significant evidence.
If there is evidence that one parent is suffering from substance abuse issues, the court will then decide how it will affect the custody or visitation rights of the affected parent. Courts will generally impose various conditions to ensure the child’s well-being while monitoring the parent’s efforts toward sobriety.
Potential Conditions the Court Can Impose When Substance Abuse is a Factor in a Custody Dispute
While every custody case is different, there are several conditions the court can impose on a parent suffering from substance abuse challenges. These can include
- Supervised visitation where the parent’s time with the child is monitored by a third party or family member
- Restrictive custody arrangements with increases in custody or visitation time based on maintained sobriety
- Successful completion of an in or out-patient drug or alcohol treatment program
- Random and scheduled drug and alcohol testing
- Participation in ongoing support programs such as Alcoholics Anonymous or Narcotics Anonymous
- Counseling and therapy to understand the underlying issues contributing to their issues
- Parenting classes to enhance skills and understand the impact of substance abuse on children
- Monitoring by Child Protective Services to ensure compliance with court orders
- Remote alcohol monitoring devices such as SoberLink that provide real-time monitoring and immediate test results using court-admissible technology
- Compliance hearings where the parent must appear before the court to demonstrate their continued commitment to their sobriety
- Protective orders in cases when there is a risk of harm to the child or other parent.
For divorcing parents, child custody and visitation can be stressful issues, even under the best of circumstances. When one of them is suffering from drug or alcohol issues, it can become even more contentious.
Navigating custody battles can be legally and emotionally challenging. Regardless of what side of the situation you are on, if you are navigating a custody dispute involving parental alcohol or substance abuse, it’s critical to understand how the court is likely to react and what your options are. At Melone Hatley, P.C., our experienced Virginia family law attorneys are here to help you navigate the variables of custody to ensure your best possible outcome. Call us at (877) 560-3568 or contact us through our website contact form to schedule a free consultation.
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