Child Custody For Parents With History Of Substance Abuse

One of the important grounds on which parents can lose custody battles is having a history of substance abuse. Parents who struggle with substance abuse often have a strained relationship with their children and it plays a major part in family court proceedings.  If a court finds a parent guilty of alcohol or drug abuse, it can affect custody.  In serious cases, Child  Protective Services (CPS) can also intervene and remove the children from the addict parent. In some cases, the parents are arrested and charged with child neglect.

Effect on custody

During a divorce proceeding, the California courts will determine different types of custody for the parents. The list includes physical, legal and joint custody. A parent who has had a history of drug abuse may find it difficult to win custody battles. If the court finds that the parent has done rehab and has stayed away from drugs for a long time, it may grant custody of the children to such a parent. If the parent is still involved in substance abuse, the court takes away the parents right over the children.

Custody disputes

California courts generally want parents to create custody agreements either on their own or through mediators. If parents are unable to come up with a custody agreement, the court steps in to resolve the matter. The very first thing that the court will look at before drawing a custody agreement is the welfare of the child. If the court finds that the children are not comfortable living with their parents, it will look into the family history of each parent. Special emphasis is put on sexual assault and drug abuse. If the court finds evidence of drug abuse in the family, it will consider it as part of custody dispute.

Effect on visitation

Parents who stay under the influence of alcohol and drugs may find it difficult to spend time with their children. Visiting hours are usually a common thing in custody and most parents are granted a certain amount of time that they can spend with their children. The court won’t usually grant visitation hours to parents with substance abuse history and even if it does, it will be a supervised visit.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.