Can Substance Abuse Impact Child Custody

Can Substance Abuse Impact Child Custody?

If you’re getting divorced and your spouse has a substance addiction problem, you’re undoubtedly anxious about them being around your kids when you’re not around. Substance misuse is a major problem that affects people of all colors, faiths, and socioeconomic backgrounds. Any family can be harmed by domestic violence.

Let’s take a look at how substance misuse might impair parenting before we talk about how it can effect child custody in a California divorce. The effects of substances abuse on behavior and parenting are detailed in this government handout titled “The Effects of Substances of Abuse on Behavior and Parenting.“

Alcohol’s parenting Effects on Children

• A parent may overlook certain responsibilities.
• Some parenting obligations may be neglected by the parent.
• Because they are intoxicated, a parent could stay out all night and leave their children alone.
• A parent’s rage and depression can affect their children’s environment, making it unstable.

Parenting effects of Illegal Drugs on Children

• A child’s sobbing, which may be a small nuisance to a parent who is not using cocaine, might become acute and exaggerated when a parent is under the effect of cocaine.
• Because of the parent’s mental distortions and misperceptions of their child’s intent, a parent on cocaine may be furious or highly impatient with their child for no reason.
• If a parent is addicted to crack or alcohol, they may leave their infant or toddler alone for hours or even days while they seek their next “fix.”
• It’s not uncommon for crack-addicted parents to have homes devoid of furnishings and appliances because they sold everything to buy crack or other drugs.
• Because their drug addiction prevents them from caring for their children’s fundamental needs, a parent addicted to crack may have no food in the refrigerator or cupboards. 
• Crack can greatly increase sexual abuse against young children. 
• Some drug addicts will do whatever to feed their addiction, even if it means hurting their loved ones and jeopardizing their health and wellness.
• Crack has been shown to greatly enhance sexual abuse of young children. 
• When a parent uses a hallucinogen like Ecstasy or LSD, they may forget or ignore their children. They may abandon their children while seeking or taking the substance, and they may become irritable or furious with them for no apparent reason.
• While under the influence of heroin, a parent may “nod out” and be unable to oversee their children.
• If a parent is high on marijuana, they may fall asleep and be unable to oversee their children.
• Methamphetamine abuse is a major problem. It can endanger children in a variety of ways, including a lack of supervision, child neglect, violence, paranoia, hostility, and severe child abuse.
• We’ve only scratched the surface when it comes to the impacts of illegal substances on children, but the list above will give you a better idea of the scope of the problem.

We are only scratching the surface with regards to the parenting effects of illegal drugs, but the above list does help us better understand the magnitude of the problem.

Prescription Drugs on Parenting Effects 

• Parents who are addicted to opioids (prescription pain medications) may neglect their children, leave them alone while seeking the drugs, “nod out” and be unable to supervise their children, and expose their children to risky circumstances and drug dealers.
• Prescription stimulants can make a parent irritable and impatient with their child, who is unable to adjust to the parent’s energy level.
• If a parent is taking a central nervous system depressant, they may neglect their children, leaving them alone while they obtain the medicine, and the parent may fall asleep while taking the drug, making it unable to adequately supervise their child.
• If a parent is taking a central nervous system depressant, they may neglect their children by leaving them alone while they collect the medication, and the parent may fall asleep while on the medication, rendering them unable of appropriately supervising their children. 

Substance abuse disorders (SUD’s) are characterized by constant use of alcohol and/or drugs that results in issues such as failing to meet obligations at work, home, or school; having poor health; and spending an increased amount of time getting, using, or recovering from the effects of using substances. Parent substance use and parent experience of an SUD can have negative effects on children.

When Are the Courts Involved in a Case?

When a parent’s substance abuse problem (alcohol, drugs, or prescription drugs) interferes with their ability to care for their children, the courts may intervene. The topic frequently arises during a legal separation, divorce, or child custody lawsuit. However, there are situations when a third person, such as a teacher, doctor, or neighbor, files a complaint with the Department of Child Protection Services, which leads to an investigation.

If charges of substance abuse are brought up in a family court case, the judge is likely to inquire more. After all, it’s in the best interests of the child to learn whether the claims are genuine, and if so, how the parents’ drug or alcohol misuse is affecting their capacity to properly care for their children.

When determining child custody in California and all 50 states, family court judges apply the “best interests of the child” standard. The judge should be informed if a parent has a drug or alcohol problem.

However, in all child custody cases, the judge considers all relevant issues that may have an impact on the child’s well-being, such as a history of domestic violence, child neglect, criminal activity, sexual abuse, abandonment, and any history of substance addiction.

Do you have an issue that you’d like to discuss?

If you are concerned about the other parent’s drug or alcohol abuse, we recommend that you keep track of all instances that confirm your suspicions. If you can obtain supporting documentation, such as arrest records, police reports, criminal convictions, restraining orders, and so on, that will be extremely useful in proving that the other parent is not safe.

If you’re concerned about your children’s safety, talk to a judge right away and explain why you have a good basis to deny the other parent visitation.

If you need legal representation, call Spodek Law Group today. We serve clients throughout the Golden State in child custody and other family law matters. 

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