Divorcing couples going through a child custody case find the whole process stressful and emotionally challenging. It is common for divorce battles to become more intense when children are involved. Unfortunately, one party may turn to drugs and complicate things even further. This is not the right approach to divorce, even if you used to do drugs casually with your former spouse. Remember that every detail matters, your whereabouts, the things you say or do can impact your custody case.
It can also impact your children
Using drugs in front of your children is not safe. While it is easy to turn to drugs and alcohol as an escape, remember drugs can be very harmful to children. It’s not safe for children to stay with a parent under the influence and it can be detrimental to the overall outcome of a custody case. Even if your former spouse uses drugs in the past, the courts will take a look at the test results. As long as you are clean, you should not have any problems.
In some cases, non custodial parents will have supervised visitation until they are clean. They may also be required to undergo drug rehab before being awarded visitation. If the parent struggling with substance abuse keeps failing drug tests, he or she will have only supervised visitation or no visitation at all, depending on the circumstances surrounding the case. Having your parental rights terminated can be heartbreaking for you and your children. It is best that you stop all drug use during divorce and child custody proceedings.
Drugs are illegal in Utah so besides losing your parental rights you may end up facing some criminal charges as well. When it comes to substance abuse, judges are not very friendly, especially if there are children involved. They will decide what’s best for the children, and that’s generally a safe atmosphere to raise them, free from drugs and violence. A drug test will bring down your custody case in more ways that you can imagine. Stay away from drugs and be a good parent.
Other things the court will consider in custody cases
- Criminal records
- Child abuse or neglect
- Moral values
- Health and mental stability
Courts always consider the child’s best interests when awarding custody. While they generally look at the overall picture, some negative behavior such as drug and alcohol abuse can definitely influence the custody arrangement.
We can help you
Substance abuse is a common pitfall of divorcing couples going through custody actions. We can help you win custody and survive the whole divorce process. We understand that divorce can be a stressful experience. This is why is critical that you seek the advice of a family law attorney experienced in these types of cases. With an attorney by your side, you will avoid many unnecessary legal battles and make the whole process more amicable and cost-effective.
