Parental Rights in Cases of Substance Abuse

Sad LadyChild Custody Determinations When a Spouse Abuses Drugs or Alcohol

Unfortunately, many Americans suffer from addiction to drugs and alcohol. Substance abusers can create serious problems within their own families. In many marriages, drug and alcohol abuse is the primary factor in the divorce.

When a parent has a history of drug and alcohol abuse, child custody and visitation arrangements will require careful consideration. If your spouse has a history of abusing drugs or alcohol, you may feel strongly that he or she cannot provide adequate supervision or model appropriate behavior for your children following a divorce.

If you have concerns, it is important to discuss your options with an experienced child custody lawyer. Typically, the matter will boil down to what is in the best interests of your children.

Loss of Parental Rights in Cases of Substance Abuse

In cases where there is a preponderance of evidence that a parent is engaged in conduct which may potentially endanger a child’s mental, moral, or physical health, or impair a child’s emotional development, the court will enter orders to protect the child, which can include protection from harm caused by a parent addicted to drugs or alcohol.

These orders may include necessary reductions and adjustments to custody and visitation arrangements. They may include a restraining order to limit a parent’s communication or proximity to the children and the other parent or order supervised visits between your ex-spouse and the children.

Parents struggling with drug or alcohol addiction may be required to complete a treatment program and will likely be directed to abstain from being under the influence of, possessing or consuming alcohol or drugs in the presence of their children if they are granted custody or visitation.

Contact Our Experienced Waukesha Child Custody Lawyers

If you are considering divorce and are concerned about parental rights in cases of substance abuse and the custody or visitation of your children, contact the Waukesha and Milwaukee metro child custody and visitation attorneys of Probst Law Offices, S.C. for help today at 414-210-3135.