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Custody and the law regarding parental addiction

On Behalf of | Oct 22, 2024 | Custody |

Some parents struggle to function on the job, at home with the kids and while out in the community, all while battling against a raging addiction to drugs or alcohol. And while they might keep the beast at bay part of the time, it’s impossible for it not to show its face in public at some point.

Typically, it will be your co-parent who draws the line in your sand and tells you what risks they will no longer put up with. Certainly, no child should ever ride with an impaired parent. However, the addicted parent might still resist seeking help out of fear of losing contact with their kids.

Treatment does separate you from your children

Accept it. It’s real. But other things separate parents from children, too — cemeteries, prison bars and the wild, unrestrained life of an addict not pursuing recovery. Some of those separations are permanent. But choosing the path to recovery will be but a short gap in a lifetime of sobriety and familial love.

How will the court rule on custody for an addict?

The court always rules with the child’s best interests at heart. With that in mind, you can be sure that few courts will place children back in the home with addicts who are still using. The judges have heard it all and have seen how addiction tears families apart.

Courts tend to rule favorably for parents who have acknowledged their addiction and joined the fight to conquer it. You might not immediately get full custody of the kids, but once you get sober,  you can be an active and available co-parent, attending visits and retaining a say in how the children are reared.