Child custody is one of the most difficult types of family law issues to work out. In most cases, both parents want to spend as much time with the children as possible, leading to contentious battles over living arrangements and visitation schedules. When one parent is a suspected or known drug abuser, an even greater strain will be placed on the situation. Whether you’re worried about your children’s safety due to your ex-spouse’s drug problems or you’re the parent struggling with an alleged addiction, it’s crucial to understand how custody and visitation orders, as well as parental rights, can be impacted.

How Family Law Courts Respond to Parental Drug Abuse 

Custody & Visitation

Family law courts are designed to always consider the best interests of the children in custody matters. Thus, any allegations of parental drug abuse will be taken seriously. If there is proof of a drug problem, the judge will take into account if this hinders the parent’s ability to care for the children or poses a danger to the children’s well-being. Often, a parent will be denied physical and legal custody because of their drug use. If it is determined they continue to struggle with addiction and are not seeking treatment, they could be given supervised visits only or declined visitation completely. 

Parental Rights 

In instances where a drug problem has resulted in endangerment, abuse or neglect of the children, a parent may lose their rights altogether. It’s also possible for parental rights to be involuntarily terminated after failing to follow rehabilitation orders from the court. It is usually the intent of the law to reunite children and parents, however, if the parent doesn’t put in the effort to change, the children’s best interest will take precedence. 

When it comes to something as serious as child custody and parental rights, you should never attempt to navigate the legal system without the assistance of an experienced family law attorney. Gilbert P. Kaback Attorney at Law has helped many parents fight through the complexities involved in custody cases to achieve favorable results. For over two decades, he has proudly served the community of Colchester, CT, establishing himself as the top source for reliable counsel and effective representation. Contact his practice at (860) 537-0874, or visit him online for more information.