1. Addiction in Custody Cases
When addiction is raised in a custody or parenting dispute, the court's primary concern is the child's safety and best interests. Addiction alone doesn't automatically result in loss of custody—courts look at how it affects parenting ability.
Factors Courts Consider
- Is the addiction active or in recovery?
- Has the child been exposed to dangerous situations?
- Is the parent seeking treatment?
- What safeguards can protect the child?
- What is the parent's support network?
2. Parenting Assessments
Courts may order various assessments when addiction is a concern:
Custody & Access Assessment
Comprehensive evaluation by a psychologist examining both parents' parenting abilities, including any addiction concerns.
Voice of the Child Report
Professional interviews the child to understand their wishes and experiences without putting them in the middle.
3. Drug and Alcohol Testing
Courts can order various types of testing:
- Urine testing: Detects recent use (days to weeks)
- Hair follicle testing: Shows patterns over months
- Breathalyzer: For alcohol, often at exchanges
- Random testing: Unscheduled tests for ongoing monitoring
4. Court-Ordered Safeguards
Courts may implement various safeguards to protect children while maintaining parent-child relationships:
- Supervised parenting time
- No alcohol/drugs 24 hours before and during parenting time
- Mandatory treatment participation
- Regular testing requirements
- No overnight parenting time initially
5. Demonstrating Recovery
Evidence of Recovery
- Completion of treatment programs
- Ongoing attendance at support groups (AA, NA)
- Clean drug tests over sustained period
- Letters from treatment providers
- Stable housing and employment
- Positive reports from supervised visits
6. Frequently Asked Questions
Courts assess how addiction impacts parenting ability and child safety. Active addiction may result in supervised access, mandatory treatment, or drug testing. Recovery and treatment compliance can lead to gradual restoration of parenting time.
Not necessarily. Courts focus on the child's best interests and safety. Active, untreated addiction that endangers children may result in restricted access. However, parents in recovery who demonstrate stability and compliance with treatment often maintain or regain parenting time.
A Voice of the Child Report is prepared by a trained professional who interviews the child to understand their wishes, views, and experiences. It helps the court consider the child's perspective without putting them in the middle of parental disputes.