If your ex is an addict, you may be very concerned about your child’s safety and worried that your ex might get custody or unsupervised visitation. Addiction is a serious matter and one that the court is greatly concerned about. What is important to understand is that there is a key distinction between an addict who is currently using and one who has been clean for years.
If your ex is currently using, you should talk to your attorney about whether child protection should be called. Having this agency investigate your allegations and make a formal finding may help your case and protect your child. Proving that the addiction exists may require a court-ordered evaluation of the other parent, which your attorney can request.
Addiction seriously impacts how well your ex can keep your child safe and provide appropriate supervision. Addiction will be considered by the court as part of the best interest analysis that is done in your custody case. Addiction impacts how well your ex can communicate and cooperate about parenting. It affects your child’s relationship with the parent. Addiction may also play into your child’s preference about custody if he or she is old enough to have one. An addict may not be able to meet your child’s needs or provide a stable home. The court will weigh all of this in making a decision. An active addict is very unlikely to get custody. Supervised visitation is possible, if there is a supervisor able to monitor your ex’s condition and behavior.
It is important for you to keep a record of your ex’s behavior. If he or she has been to rehab, has been arrested, or the addiction has impacted his or her parenting, you should write down as much as you can remember so your attorney can use this information.
The skilled legal team at DeTorres & DeGeorge understands your concerns about custody and is here to help you achieve the best possible result in your case.