If you are facing child care issues because of a history of drug abuse that you or your ex have, you should talk to our company as soon as possible. Our dedicated lawyers at O`Connor Family Law can explain the remedies you can have in your custody and work hard to help you find an amicable solution that maintains your relationship with your children in the first place. Learn more about the impact that a history of drug or alcohol abuse could have on your custody agreement. However, a judge will give you so many opportunities and time to show you that you are serious. We have seen cases where parents can never go beyond the first step with the problem of addiction, because they are still in a phase where they are fighting for the most part or not really devoting themselves to sobriety. At some point, the Court will realize that it is in the best interests of the child not to have an unreliable parent in his or her life, rather than an ongoing relationship with someone who cannot go out of his own way. If there is a recognized substance abuse problem that has occurred in the past, and not a more recent and current issue, the Court may consider the steps taken by parents to ensure their commitment to sobriety. For example, if it was in the last few years, is the parent still being treated or in a group to make sure they don`t fall back? If the Court finds that the parent is bound to sobriety, the previous use should not affect him in a child custody case, if they have been in a constant relationship with the children ever since. The Court generally focuses on trying to ensure that children can have a reasonable and safe relationship with both parents. There are a number of ways to do this, which does not mean that the child must be the parent who has the substance abuse problem. In many of these cases, a “step-up” parent plan is involved. This means that the parent starts with the children with a limited time until he or she can show that they are consistent and that they are attached to sobriety. These cases are heartbreaking, but if you have a problem and end up in a divorce or custody case, you must make the decision to commit or continue to use your children and sobriety.
Unfortunately, for some people, and even for their children, the addiction is so strong that they lose their children. In considering whether a parent with a history of substance abuse should have custody of their child, the judge can first ascertain whether this is an ongoing issue or whether that person can prove sobriety. If a parent claims that the other party is abusing drugs or alcohol or has a history of drug abuse, the judge may order drug and alcohol testing. If tests return positive, a number of precautions can be taken to ensure that parents are still able to have parental leave, but that the children remain safe. In general, in these cases, regular testing is required until the parent element indicates the conduct of clean tests.