Ordway Law Group, LLC
Ordway Law Group, LLC
Divorce & Family Law

How can an issue with substance abuse affect your child custody?

On Behalf of | Aug 21, 2023 | Child Custody |

Child custody battles are often complex and emotionally draining. When a parent struggles with substance abuse, the situation can become even more challenging. In Georgia, the court’s main priority in determining child custody arrangements is the best interest of the child. Substance abuse by a parent can have a significant impact on these decisions.

If you are dealing with this issue, it is important to understand how substance abuse might affect your child custody battle.

The best interest of the child standard

In Georgia, judges use the “best interest of the child” standard to determine custody arrangements. This means they will assess various factors to decide what living arrangement best serves the child’s welfare, happiness and development. Substance abuse, unfortunately, often weighs heavily against a parent in this evaluation.

Impact on physical custody

Substance abuse can lead to a denial or limitation of physical custody. The American Addiction Centers reported that roughly 40% of children who authorities removed from their homes were because of substance abuse-related issues. If the court believes that a parent’s substance abuse might endanger the child’s physical or emotional well-being, they may award physical custody to the other parent. Supervised visitation might be the only option for the parent struggling with addiction, depending on the severity of the issue.

Impact on legal custody

Legal custody refers to the right to make important decisions about the child’s upbringing, including education, healthcare and religion. A parent with a substance abuse problem may also find their legal custody rights restricted or denied. The court might conclude that the parent has impaired judgment, affecting their ability to make sound decisions for their child.

Requirement for evidence

It is not enough for one parent to merely accuse the other of substance abuse. There must be credible evidence to support such claims. This evidence can include medical records, police reports or testimony from credible witnesses. False accusations can have serious legal consequences.

Possible rehabilitation

The situation is not necessarily permanent. Courts may allow a parent with a history of substance abuse to regain some or all of their custody rights if they can demonstrate a commitment to recovery. This might include completing a rehabilitation program or maintaining sobriety for a determined period.

Substance abuse can have profound implications on child custody arrangements. However, understanding the system and demonstrating a commitment to change can still lead to positive outcomes. By recognizing the impact of substance abuse on child custody and taking proactive steps towards recovery, you can work to ensure the best possible future for your child and maintain your essential role in their life.

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