Children and drugs don’t mix. Children and alcohol don’t mix. These are statements that all of us can agree on. No matter how much our culture’s views on drug use change it is not up for debate that using drugs in front of your children is not in their best interests. Alcohol is legal and many adults enjoy an alcoholic beverage during a meal or when they’re relaxing at the end of a hard day. Children can be around alcohol when adults are being responsible. However, whenever that alcohol use starts to become less responsible, then we have a potentially combustible situation on our hands.
When we talk about you or your co-parent using alcohol or drugs around your children we end up in a situation where the worlds of child custody and Child Protective Services (CPS) intersect. This is a stressful situation for you to find yourself in. If you are a parent who is a drug or alcohol user, then you risk losing your parental rights relating to your children. If you are the other parent, then you risk your children being harmed by a parent because of their substance abuse issues.
Understanding the Impact of Substance Abuse on Child Custody Cases
To be clear, substance abuse in isolation is not child abuse or neglect. When we consider that substance abuse can be a key issue and risk factor for children in child custody case scenarios then the issue becomes much more important. If we look at CPS cases, the main reason why reports come into CPS is related to substance abuse. Keep in mind that when children are removed from their family’s home during a CPS case it usually has to do with substance abuse. If you are noticing a trend here, then you are not alone.
There is a connection between substance abuse and consequences associated with the health of children, their well-being, and parents trying to succeed in child custody cases. If you are a parent who is dealing with a substance abuse issue, then you should know that none of what we talk about here is intended to come off as judgmental. However, what we are going to talk about is based on the Law Office of Bryan Fagan’s years of experience helping parents of all sorts in different child custody cases. If you have questions about what you read in today’s blog post, please reach out to us today to set up a free-of-charge consultation with an experienced family law attorney.
The best interests of the child standard
In a child custody case, the best interests of your child are what matters the most to the State of Texas. Several factors will play into a judge’s determination on the best interests of your child but among those are the physical well-being of your child and their emotional development. Both factors weigh in the involvement of you and your co-parent and how you are positively (or negatively) impacting their growth. Your or your co-parent’s substance abuse will be a consideration when it comes to weighing these factors alongside the best interests of your child.
The number one thing that you can do when you suspect drug or alcohol abuse on the part of your co-parent is to contact an attorney for information. Odds are good that you have tried to work with your co-parent on their behaviors. When an addict is during their addiction the problem goes beyond asking him or her to stop or cut back on their usage. An experienced family law attorney can help you potentially protect your child, establish emergency or temporary orders for custody, and eventually help your co-parent receive the treatment he or she needs.
What happens when a non-custodial parent uses drugs or alcohol?
A non-custodial parent is the parent of your child whom the child does not live with primarily. This parent will have visitation rights in addition to other rights and duties associated with the care of your child. However, your child would live with the custodial parent. A non-custodial parent can have his or her visitation rights limited when it comes to your child if drug use or alcohol abuse is found to be occurring.
However, a court can only address the situation if you cause that to happen. Filing a petition for temporary orders in a child custody case would be one of the paths you could take to accomplish this. Or, if the situation merits it an emergency petition may need to be filed if your child is in a situation where their well-being is at the risk of immediate harm due to drug or alcohol use. Your co-parent may need to start a rehabilitation program, counseling, or some other long-term drug treatment not only for their health but to allow him or her to regain custody and visitation time with your child.
Could entering rehabilitation have an impact on your co-parent’s custody?
An attorney’s favorite answer to an “either/or” question is: It depends. In this situation, a court could view favorably your co-parent agreeing to enter a drug or alcohol treatment facility. Trying to address the issue themselves rather than being forced to do so by a court is a much better outcome for all parties. Hopefully, this would show that your co-parent understands and is convinced he or she has a problem. That your co-parent is “sick and tired of being sick and tired” if you see what I mean.
The long-term impact of drug or alcohol addiction may be that your co-parent needs to be tested at random for these substances periodically. This is to ensure that he or she is abstaining from use- especially before any periods where he or she will be able to spend time with your child. Recall that the best interests of your child will still be at the forefront of any discussions. If the court does not believe that your co-parent can keep your child safe, then their visitation may be completely restricted to supervised visitation or something similar.
What are the risks to you as a co-parent when substance abuse is in play?
There are a certain number of risks which are associated with co-parenting alongside an addict. For one, bear in mind that just because you have gone through a family law case does not mean that you are suddenly going to have complete peace of mind about the situation. That does not mean you should not initiate a case when your child’s well-being is at stake. However, the stress that comes with a case like this should not be minimized. You need to prepare yourself (and depending upon their age, your child) for changes in visitation and custody associated with your child’s possession schedule.
Next, you need to be proactive about situations involving future visitation between your co-parent and your child. If you have concerns about how your co-parent is handling their journey towards sobriety then you need to say something. Typically, a child custody case involving substance abuse is not solved overnight. These kinds of cases can be monitored by courts at least during the case itself. Depending upon the nature of the case you may be looking at a situation where your co-parent is asked to take drug tests for an undetermined amount of time into the future.
Will your co-parent be able to win custody back eventually?
This is the great unknown question that many parents find themselves asking once their case comes to pass. Many times a parent will ask this question even while the case is ongoing. Having questions about whether your co-parent will ever be able to get back on their feet as far as a full-fledged visitation schedule will be tough to estimate.
On the one hand, if your co-parent has followed court orders, passed drug tests, and taken advantage of all the time that he or she has been provided by the courts with your child then you may be in a situation where additional time is a possibility. This can happen during the family law case itself. Or your co-parent may try to negotiate an increased amount of time with the kids based on their being able to continue to remain sober and make good decisions regarding the children.
Co-Parent Accountability and Documentation
On the other hand, the court is not looking to reward your co-parent but is concerned with the best interests of your child. If the court believes that your co-parent is remaining sober and believes that allowing him or her more time with your child serves the best interests of your little one, then more time may be coming your co-parent’s way. Many times, this occurs during a modification case where your co-parent seeks to modify the present court orders.
In any event, one of the best things that you can do as a parent is to hold your co-parent accountable. Be a diligent note-taker. Keep track of suspicions you may have, any social media or other evidence of a breakdown in your co-parent’s sobriety, and things of this nature. The more diligent you can be regarding keeping track of this type of behavior, the easier it will be for you to build a case if that becomes necessary.
What can happen if your co-parent shows that he or she has maintained sobriety?
If we can take a step back from the family law context for just a moment, it is a great accomplishment for your co-parent to have traveled down the road towards sobriety and not fallen off the path. Many people have tried and failed on this road. So, where does that leave your co-parent? It starts him or her on better footing than before, that’s for sure. Remember that courts are concerned more with the best interests of your child than anything else. This means that the court is not necessarily looking to reward your co-parent for their responsible behavior.
The determination a court will make as to whether your co-parent should be provided with more time with your child due to good behavior depends on several factors. How long your co-parent has been able to maintain sobriety matters. If your co-parent has been sober for many years then it may not matter at all to a judge when it comes to handing down custody and visitation orders. Your co-parent may be treated just like you are due to the length of sobriety. On the other hand, if your co-parent’s sobriety has been relatively short then there may not be as much of an advantage gained. Keep in mind, however, that not maintaining sobriety is a sure bet that your co-parent will be granted little if any visitation time with your child.
Parent’s Support System and Sobriety Meetings
The support system that your co-parent has around him or her matters, as well. Meetings and counseling regarding their addiction are a key part of this support system. Many judges will require a parent to show that he or she attends sobriety meetings regularly to be granted visitation time. At the beginning of their sobriety journey, a parent may need to attend meetings every day to stay sober. Every case is different, but a sober parent plus a strong support system can equal a good outcome for that parent when it is all said and done.
Drugs and alcohol can make a person’s life difficult to predict and always changing. This is a tough situation for a child to walk into considering that stability and consistency matter so much when it comes to raising a well-adjusted child. If your co-parent can find themselves in a position where he or she can find stable housing and a support system that cares about him or her then that is a positive.
Child Visitation Orders in Cases of Substance Abuse
Of course, the best interest of your child is what matters most when it comes to determining any kind of visitation structure for your co-parent. Your child may have had several negative experiences with your co-parent due to a history of substance abuse. You can provide testimony and other evidence to the judge of just exactly how this experience has shaped and harmed your child. The judge must consider physical well-being and emotional development when assessing child custody orders.
In some cases, your co-parent will not have played much of a role in the life of your child to this point. In that case, what many courts will look to do is to award your co-parent some kind of stair-step visitation order. A stair-step visitation order is when your co-parent begins with relatively little in the way of custody time but then gradually sees their time increase. This can happen with your co-parent taking advantage of every opportunity presented to him or her as far as possession is concerned. Passing any mandatory drug tests and just generally being on good behavior.
Final thoughts on substance abuse and child custody
Even in changing times, substance abuse and child custody do not mix. If you are paying attention to the news, many states around the country have either legalized or decriminalized the possession of marijuana. Some states, I’m sure, are pushing for other substances to be added to that list. Our culture seems to be in a spot where drug use is tolerated more and more. Many readers of this blog may themselves be recreational drug users.
The question that we need to answer for this blog is how would drug use be treated in your child custody case. Substance use and abuse is one thing when it is another person’s family that is impacted. It is another matter altogether when we consider the implications of substance abuse impacting your household.
Navigating Substance Abuse Issues in Child Custody Cases
Judges have varying views on the subject, quite frankly. Very few judges will brush marijuana use, for example, off as something akin to cigarette smoking. However, some judges do not see it as a cardinal sin in the world of family law. As time marches on, especially if Texas were to legalize marijuana use, it would seem a near certainty that judges would tend to look the other way if casual drug use like this were at issue in your case. Defining the term “casual” would be of the utmost importance.
However, when it comes to substance abuse- using drugs or alcohol to the point where they are impacting relationships in your life- that is something that is not going to be tolerated. Receiving help, even inpatient help, as soon as you can is a good step towards addressing the issue. Of course, being able to address an issue like this is difficult when you are in the throes of an addiction. This is where your support system, family, and others in your life can save the day for you and your child. Receiving help, and being willing to receive help, is crucial for your children and you.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post regarding substance abuse and child custody, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
Other Related Articles:
- The Role of Substance Abuse Assessments in Texas Drug Cases
- Texas Drug Scheduling: Understanding Controlled Substances
- Guardianship Of Persons with Substance Abuse Issues In Texas
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
