A spouse’s substance abuse is of particular concern for a divorcing parent who does not want their child exposed to alcohol and drug use or may have concerns about a their child’s safety in the presence of an addicted spouse during parenting time.
When alcohol or drug abuse is an issue in a divorce where children are involved, just saying a spouse has a substance abuse problem is not enough, it is important to provide proof so that the court can act in the best interest of the child when making a child custody determination.
Evidence of alcohol or drug abuse may include police reports that include details regarding a spouse’s substance abuse problem; arrest records & criminal charges related to drugs or alcohol; bank and credit card statements showing a spouse’s frequent alcohol purchases at a store or bar; electronic communications such as texts and emails while a spouse is impaired; photos of personal injuries resulting from a spouse’s intoxication or impairment; and testimony from a spouse and others regarding the extent of the substance abuse problem.
Providing evidence of alcohol or drug abuse to the family court may result in court ordered drug alcohol/drug testing of the parent. If testing comes back positive, the court may order supervised parenting time and limit overnight visits temporarily, requiring the parent to complete a treatment or rehabilitative program as a condition for a modification to the parenting time arrangements. Ongoing, random drug or alcohol testing may be part of a comprehensive plan to ensure that drugs and alcohol are not reintroduced. In rare circumstances where domestic violence plays a role or serious endangerment of a child is a concern, the court may suspend parenting time indefinitely until a parent is able to show meaningful progress.
Some parents are able to work together on a parenting time agreement that may exclude overnights or award parental responsibility to one parent after acknowledging that a parent’s alcohol and drug use is an issue which negatively impacts their child. However, more often, a parent that has an unhealthy relationship with drugs or alcohol is not willing to acknowledge the problem or compromise with a spouse on parenting time so the court may get involved.
If you are considering divorce and have concerns regarding a spouse’s drug or alcohol use around your children, it is important to speak with an experienced child custody lawyer who can help you decide the best strategy to safeguard your children in a divorce. Contact family law attorney Ronald L Bell & Associates PC for immediate assistance at 847-495-6000.