When a parent feels as if their child is in some type of danger due to the other parent’s actions, sometimes they may take charge. This can lead to changes in a custody order that you may have never expected. If you are looking at it from either end, either as the parent who struggling with drug abuse or the parent who doesn’t use drugs, you may have questions. You may wonder what to expect from the child custody process and whether or not your ex-spouse will lose rights because of their addiction.
Custody and Visitation
At the time of divorce, custody becomes a matter of attention because where your child spends time is one of the most important things to figure out. When a parent is struggling with active drug addiction, they may be denied certain rights such as physical or legal custody. Usually, if a parent does not seek counseling or rehabilitation, they will lose the right to make decisions for their child because they could make decisions that are not in their best interest. The court may take a joint custodial situation and turn it into sole custody for the parent that isn’t abusing drugs.
If one parent obtains sole custody because of drug abuse, the other parent may receive visitation time to stay in contact with the child. If they are actively using drugs and not seeking treatment, they could be denied visitation altogether or only have supervised visits. The parent with a substance abuse problem may be asked to take a drug test before visits with the child. The court may see that it is in the parent’s best interest to attend rehabilitation counseling, especially in the most severe cases.
Can a Parent Lose Their Parental Rights?
A parent with substance abuse problems could even lose rights altogether. This happens in many situations where the abuse problem also led to abuse or neglect of the child. After the law has attempted to reunite the child to the parent and failed, this could lead to a termination of parental rights. Depending on your case, you could see a variety of issues become the matter of concern. This is why it is important to call us for assistance with your case, no matter what your concerns. Call us today for more.