Parents who have had a turbulent past may wonder if their past challenges may compromise their parental rights during custody disputes. A parent’s history of drug or alcohol abuse can be particularly worrying if they’re trying to establish or maintain a bond with their child.
The impact of past drug or alcohol abuse on child custody is complex and specific to each family’s circumstances. A history of substance abuse alone does not disqualify a parent from gaining custody, but it is an important factor that courts take into account when determining arrangements if parents can’t come to a mutually-agreeable plan on their own.
Current sobriety status
Obviously, the family court will want to know a parent’s current sobriety status if they’ve struggled with drug and alcohol abuse in the past. The court will want to know whether the parent is actively engaging in recovery through activities such as:
- Developing healthy habits
- Attending support groups
- Participating in rehabilitation programs
Showing consistent commitment to sobriety can help assure the court that the parent can offer a stable and secure environment for the child.
Impact on parenting ability
The reality of drug and alcohol abuse is that it may impair an individual’s cognitive abilities. For this reason, parents with a history of substance abuse should expect the family court to examine whether their past substance abuse has affected their ability to care for their child.
A parent’s custody and parenting time rights may be compromised if the other parent has evidence that shows the parent’s substance abuse directly impacted the child’s well-being, such as incidents of:
- Neglect
- Endangerment
- Exposure to unsafe environments
In that case, the court is likely to be more cautious in granting custody or parenting time rights.
Evidence of relapse risk
Relapse is a stark reality for many individuals with a history of substance abuse. Therefore, it’s not enough that a parent demonstrates a commitment to sobriety. The court also wants to be sure that there is no risk of relapse before granting such parents custody or parental time rights. Therefore, parents with a history of substance abuse should expect their case to be subjected to:
- Drug testing
- Counseling reports
- Testimonies from addiction specialists
If the court believes there is a high risk of relapse, it may impose supervised parenting time or other restrictions to help protect the child.
A history of substance abuse can impact child custody decisions, but it doesn’t automatically disqualify a parent from obtaining custody or parental time rights. Parents with a history of substance abuse who are committed to recovery and demonstrate positive changes in their lives may benefit from seeking legal support when looking to secure their parental rights.