An addiction can be the single most crippling setback that an individual faces in their lifetime. However, when children are involved, it may just be too much to overcome. A parent with an addiction unleashes incredible hardships and even dangers upon their children. Addictions tear families apart by removing home stability, the family’s unity, finances, and families’ physical and mental wellbeing. If you are going through a Texas divorce and your spouse is struggling with an addiction, you need a skilled divorce lawyer Spring, TX clients recommend.
How Does a Drug or Alcohol Addiction Affect Custody?
A parent with a drug addiction not only presents a threat to the development of the children exposed to the addiction, such as causing poor grades and not being properly cared for, but it also increases the likelihood that the children will one day abuse a substance as well. In fact, one in three kids will have begun drinking by the age of 13, according to the National Council on Alcoholism. Because of this, the state may remove children from drug or alcohol-abusing homes or parents.
Likewise, in the scenario of a divorce, the parent without the addiction will likely be given custody of the children because of the healthier, more stable environment that will come with a sober parent as opposed to an addicted parent. If you are going through a divorce that is complicated by the presence of an addiction to alcohol, prescription painkillers, or illegal drugs, contact the Winfrey Law Firm today to speak with a Spring, TX divorce lawyer about the direction you wish to go.
Child Protective Services
If a child is deemed to be at risk of abuse, Child Protective Services may review the case, intervene if necessary, and take action by removing that child from the home. Any one of the following may be defined as child abuse:
While a parent with an addiction may not ever physically harm a child, an addiction creates the very real potential for neglect (lack of proper housing, food, clothing, supervision, and medical care).
Custody Issues for Parents with Substance Abuse Problems
The court will most likely make the decision about custody at the time of the divorce, and will likely deny equal custody rights to a parent with a substance abuse problem. Most often, a parent with an untreated addiction will face losing any joint or shared custody, and certainly the potential for physical custody (with whom the child spends the majority of their time) as well.
What’s more is that an addicted parent may not even be granted unsupervised visitation rights, meaning what time, if any, they are allowed to spend with their children will be supervised by the other parent. The parent with the addiction may be required to take drug tests in order for visitation rights and/or a modification in the custody agreement. The court may also demand that the addicted parent attend rehabilitation counseling, in-patient detoxification at a hospital or health facility, or attend Alcoholics Anonymous or Narcotics Anonymous if the parent wishes to have visitation or custody rights in the future.
Call Our Office for Help
Contact the Winfrey Law Firm to discuss your legal options free of charge and to learn more. We will schedule a free and confidential consultation with a compassionate Spring, TX divorce lawyer. Call our office today.