Can An Alcoholic Parent Get Custody
If youre sick of dealing with your spouses dependency on alcohol it may be time to file for divorce. So its not unusual for them to condition a custody arrangement on a parents continued counseling drug testing or participation in groups such as Alcoholics Anonymous or Narcotics Anonymous.
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Ideally a judge would not place a child in the custody of an addicted parent who could endanger the child in any way.
Can an alcoholic parent get custody. Alcoholism is a disease that can turn the most amicable person into a danger. The judge could also request regular updates on the parents progress. All too often a person who abuses alcohol or drugs is unwilling to admit to themselves much less a Court that they have a problem with drugs or alcohol.
Not Seeking Help for Your Alcoholism. But if drinking interferes with the parent-child relationship or an alcoholic cannot responsibly manage their addiction that may mean denial or loss of custody. Even if the alcoholic has been in recovery for a while the judge still isnt likely to be lenient.
Inpatient drug and alcohol treatment can be an integral part of regaining parental rights. Parents must first determine whether they want sole physical custody sole legal custody or both. Dealing with Allegations of Drug or Alcohol Abuse During Custody Proceedings When a parent is worried about their childs safety because their spouse is abusing drugs or alcohol they can request that the Court mandates testing of the other parent.
Child Custody During And After Inpatient Drug And Alcohol Treatment. If you have children from the marriage theres a good chance that you can file for full custody provided that you can prove with a divorce attorney that your spouse is abusing alcohol. One parent accuses the other of alcohol abuse and requests sole custody of the children.
Of course there are always exceptions to the rule but a history of violence isnt going to get. Child custody with alcoholic parent complicates the divorce process because a childs safety and well-being must be considered. The possibility of losing custody of a child can be a distressing experience for individuals in need of inpatient drug and alcohol treatment.
Alcohol consumption alone cannot cost a parent custody the court held but evidence that frequent consumption and impairment could put the child at risk in the care of the drinking parent can constitute a basis for limited custody. 3 This standard takes each parents general fitnessincluding alcohol andor drug useinto account. The drug and alcohol abuse of one or both parents is especially important to a Judge in a custody action as this abuse can create an unsafe environment for a child.
Next they must be able to prove the other parent is an alcoholic and that their alcoholism is. Therefore the court has to determine visitation and if the visitation has to be supervised. The courts do little the relieve the stress of the sober parent by only ordering the alcoholic parent not drink when the children are in their custody.
If youre an alcoholic and youre not taking steps to address your substance abuse dont expect a positive outcome in your bid for custody. Often that parent has spent years in an enabling relationship with the alcoholic parent and has turned to the family court so as to stop further enmeshment in the alcoholic parent. The court will not award custody to someone with a drinking problem.
Your attorney will help you present your case to the court for the safety and protection of your child. A common concern in custody and visitation cases in which one parent is an alcoholic is what to do about that parents visitation and how to monitor problems that may arise due to that parents use of alcohol. In all 50 states the best interest of the child standard is used to determine child custody.
That being said if the alcoholic parent has a history of child abuse spousal abuse reckless or neglectful behavior that accompanies his or her alcoholism these will probably have a negative impact on a custody case. If you have concerns about your custody settlement because of an alcoholic spouse the advice of a lawyer may be reassuring. However in many cases of parental drug and alcohol abuse treatment is the first step to restoring visitation rights and ultimately custody.
It can be difficult to gain sole custody of the children even if your ex is an alcoholic. A parent is suspected of drinking to excess during scheduled parenting time with the children in either a sole custody or shared custody situation. It is grossly unfair to require the other parent to monitor the alcoholic parents drinking.
Single parents have enough on their plate without adding the incredible stress of worrying about the safety of their children when in the custody of a parent who is an active alcoholic. Both parents have issues with alcohol abuse and face losing custody of the children altogether. Due to the unpredictability of alcohol use and abuse family law courts are generally uncomfortable or unwilling to assign any amount of child custody rights including both legal custody and.
There are certain elements a judge will consider in making a custody decision where one parent is an alcoholic. Evidence of alcohol abuse is a factor in child custody decisions -- including visitation rights and conditions -- and long-term incapacity due to alcohol abuse can even be grounds for termination of parental rights.
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