Child Custody Alcoholic Parent
One parent accuses the other of alcohol abuse and requests sole custody of the child ren. Child custody and parenting time is a stressful issue for parents under the best of circumstances.
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The Western District noted that the custody statute allows the court to consider the physical health of the parents and the overall best interests of the child.
Child custody alcoholic parent. 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. 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. Custody and visitation rights are structured with a view as to whats in the best interests of the children while still permitting them to have a meaningful relationship with both parents.
The most important thing the custodial parent can do is formulate a co-parental agreement. Note the word recovering alcoholics. The possibility of losing custody of a child can be a distressing experience for individuals in need of inpatient drug and alcohol treatment.
If Soberlink is the selected method for monitoring parents can determine whether alcohol can be consumed outside of parenting time or if complete abstinence needs to be practiced seven days a week. Doing so could easily jeopardize the childs best interests which a court may never do willingly. However in this scenario courts will normally grant the other parent visitation rights parenting time with the child.
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. It can be difficult to gain sole custody of the children even if your ex is an alcoholic. Parents must first determine whether they want sole physical custody sole legal custody or both.
Although this could entail a literal fifty-fifty living arrangement more often than not the child will spend a couple of days a week with one parent and the remainder with the other. Child custody with alcoholic parent is a process that the court uses to decide where the minor should live. 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.
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 physical custody to a known alcoholic. The preservation of the relationship between a child and a parent is paramount even though your spouses alcoholism can make a meaningful relationship. In a joint physical custody setting the child resides with both parents.
However if your co-parent has drug or alcohol problems it can become a huge battle. A parent is suspected of drinking to excess during scheduled parenting time with the child ren in either a sole custody or shared custody situation. Legal custody refers to a parents right to participate in the decision-making process regarding a childs upbringing and welfare on subjects such as education religion and non-emergency medical issues.
In addition if there is a documented history of past substance abuse the judge may consider a parents actions during that time period as well before making a custody determination. To ensure child safety when alcohol abuse is present its encouraged that the custody agreement or parenting plan has a provision that allows for the monitoring of alcohol consumption. Next they must be able to prove the other parent is an alcoholic and that their alcoholism is harmful to the children.
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. Whether a child will attend a public or private school is an example. In all 50 states the best interest of the child standard is used to determine child custody.
However in many cases of parental drug and alcohol abuse treatment is the first step to restoring visitation rights and ultimately custody. There is no simple or quick answer to the questions that arise when child custody and parenting time are determined in cases of one or two alcoholic or chemically dependent parents. This standard takes each parents general fitnessincluding alcohol andor drug useinto account.
I have happily represented many outstanding recovering alcoholic parents in family court and some of these parents have obtained custody of their children and done a fantastic job raising them. Both parents have issues with alcohol abuse and face losing custody of the child ren altogether. What I mean by this is that that parent should write down what their expectations are when the.
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. Many parents have objections to how courts react to allegations against a parent. Even if the alcoholic has been in recovery for a while the judge still isnt likely to be lenient.
The trial court did not focus exclusively on the alcohol consumption but rather stressed the two year absence of father exercising custody and the minor childs difficulty with sleep. If we accept that alcoholism is a disease which I do the cure is simple. If youre in recovery the fact.
If the issue is given proper weight neither amplified nor ignored the children are given the safe and secure living environment that they deserve. 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. In some cases the minor lives six months with one parent and the other six months of.
Of course there are always exceptions to the rule but a history of violence isnt going to get.
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