Substance abuse is a prolific problem among parents raising children. The law favors both parents having meaningful contact with the children, but their well-being must be the primary consideration.
If substance abuse is an issue with you, your co-parent, or both, work with our experienced family law team to help you resolve custody issues. We can review your specific circumstances and advise you about how substance abuse may affect the custody decision in your specific case.
Judges Consider Substance Abuse Issues When Deciding Custody
When parents live separately, they must submit a parenting plan to the court for approval. The plan explains where the children will live, how they will spend time with the non-residential parent, and how the parents will allocate decision-making authority.
Ideally, parents submit a joint plan, but even in that case, the judge reviews the plan independently to determine whether it supports the children’s best interests. The Official Code of Georgia §19-9-3 specifically mentions a history of substance abuse as one of the factors a judge can consider when making custody decisions.
Substance abuse history is one of many factors and it is not disqualifying. When a parent has overcome their problem and maintained sobriety for an extended period, the judge may consider their history to have little weight. When a parent is actively or recently using, and their substance use impacts their work and family life, it is more likely to influence custody decisions. Having a candid conversation about your or your co-parent’s substance use will help a family law attorney craft a strategy to meet your custody goals.
Courts Can Order Restrictions to Keep Children Safe
When a judge is concerned that a parent’s substance misuse could put the children in physical danger or cause them emotional harm, they can take steps to minimize the risk. Judges often impose requirements and restrictions designed to protect the children while allowing the parent to maintain contact with them.
A court may order a drug test or periodic drug tests if the parent is actively using. The judge might require a parent to get drug treatment, go to counseling, or participate in a program like Alcoholics Anonymous. The court can order psychological testing of both parents and may appoint a custody evaluator to investigate the parents’ households and recommend a custody arrangement.
Supervised visitation is common when a judge questions whether a parent is a safe caretaker for their children. When visits go well for an extended period, and a parent can provide proof of their sobriety, they could petition the court to remove the supervision requirement and increase their time with the children. Our family law attorneys can explain how supervised visitation works and help a parent request a modification to lift the supervision order.
Talk to a Skilled Attorney About Substance Abuse and Custody Decisions
Substance abuse is or has been a problem for many people, and it does not mean that you are a bad parent. But if the substance misuse is ongoing, recent, or caused negative consequences in your work or family life, a judge is likely to consider it when deciding custody.
The skilled child custody attorneys at our firm can offer wise guidance when substance abuse has been an issue. Get in touch with a member of the intake team today.
