How To Prove Substance Abuse in Court for Custody

Child custody cases can be tumultuous and stressful under any circumstances. However, if one parent struggles with an addiction or substance abuse disorder, they can become even more difficult to navigate. If you’re working with a divorce attorney in Phoenix, AZ, and are worried about the custody arrangements with your ex, let this guide be your resource.

Learn how to prove substance abuse in custody cases and the ways in which a parent’s drug or alcohol abuse impacts their children and their parenting ability.

Family Courts Consider the Child’s Needs First

When it comes to custody arrangements, the court acts in the best interests of the child. This could mean restricting the time they spend with one parent.

Even though divorce’s impact on children can affect their psyche and well-being, living with someone with a substance abuse disorder can be particularly problematic. Children exposed to this could endure the following negative effects:

• Compromised safety: Parents under the influence of drugs or alcohol may make decisions that endanger their children. For instance, driving drunk with kids in the car directly puts them in harm’s way.
• Emotional distress: Psychological trauma often exists in children who have parents struggling with addiction. Their home life could be incredibly stressful, especially if they feel responsible for or guilty over their parents’ actions.
• Physical or emotional abuse: Intoxication affects one’s inhibitions. It’s possible for someone in this state to become physically, verbally, or emotionally abusive to others.
• Neglect: A parent who struggles with drug or alcohol use could either intentionally or inadvertently neglect their child and fail to meet their basic needs.
• Lack of structure: Parents with sobriety issues may be unable to provide the stable, structured household that kids need.

If you worry about your child’s well-being, you might want to know how to prove substance abuse in a custody case. The court may consider evidence of substance abuse to evaluate your ex’s parental fitness. In some cases, a judge will rule that it’s in the child’s best interests to spend more time with one parent over the other.

Collect Evidence of a Parent’s Harmful Substance Abuse

Ask a family lawyer how to prove substance abuse in custody cases, and they may tell you that various pieces of evidence could support your claim. Take a closer look at the ways in which you can advocate for your child’s safety in court.

Gather Witness Statements

They say it takes a village to raise a child. If you’re trying to raise one with an ex who struggles with addiction, you might rely on your village more than ever. While friends, relatives, and neighbors could help with childcare, they may also be beneficial to your custody case.

Say your sister has babysat your kids on multiple occasions. A majority of these instances involved your ex relieving her of her babysitting duties while clearly intoxicated. She may submit a witness statement detailing the times she’s seen your co-parent under the influence and outlining her concerns for the children’s safety.

Testimony from loved ones could help support your claim, though it’s not the only piece of evidence you might gather.

Refer to a Parent’s Previous Arrest Record

Some parents don’t have to do much research on how to prove substance abuse in custody cases. If their co-parent has a criminal record indicating a history of substance abuse, any previous arrests or convictions may be compelling evidence.

Prior charges or convictions that could be used in a custody case include:

• Driving under the influence
• Disorderly conduct
• Public intoxication
• Possession of illegal drugs

Build your case with the help of a child custody lawyer. They can review someone’s criminal record and alert the court to any past incidents that may impact your child’s safety and well-being.

Document All Supporting Evidence

If your co-parent is known to abuse drugs or alcohol, many additional pieces of evidence could support your claim, such as:

• Voicemails in which they slur their words or become verbally abusive
• Social media posts that show them drinking or using drugs
• Text messages or emails that mention their substance use
• Disciplinary reports from their employer citing intoxication on the job

Document as much as you can if you’re trying to prove someone’s substance abuse problems in a custody case.

Submit Drug or Alcohol Tests

Ask a legal professional how to prove substance abuse in custody cases, and they may tell you that drug and alcohol testing is one of the strongest avenues. Several positive drug screenings or breathalyzer tests could confirm that your co-parent frequently misuses these substances.

If you’re trying to highlight that substance use has a profound impact on their parenting ability, positive drug or alcohol screenings may support your claim. Bear in mind that the person engulfed in your custody battle may not volunteer to take these tests. You’ll need to ask the court to mandate such screenings, though a judge may not always oblige.

Substance Abuse and Child Custody Proceedings: Possible Outcomes

After you present your argument and evidence in court, a judge will make a final determination about your custody arrangement. Every case is different, though there are a few possible outcomes that you should be aware of. Below is a breakdown of the potential rulings a judge may make.

Reduced Parenting Time

Family courts usually prefer children to maintain a relationship with both of their parents, even if one has a problem with drugs or alcohol. In order to preserve that relationship, a judge may allow the parent in question to spend time with their children, albeit with some restrictions.

Their parenting time may be significantly reduced out of concern for the child’s safety. For example, if a previous parenting plan included taking care of their kids for three days a week, the new court-ordered arrangement may cut that number down to one day a week with no overnight care.

In some cases, a judge may only allow supervised parenting time. Children will only be able to see their parent when a professional or trusted adult is present. Their presence is meant to deter the mother or father from misusing substances while caring for their children, as well as ensure the kids’ safety during visits.

Loss of Custody

If you believe that someone’s drug or alcohol use endangers your child, you’ll need to know how to prove substance abuse in custody cases. In some cases, the evidence clearly demonstrates that an individual’s lifestyle choices negatively affect a child’s safety and well-being. The court may respond by adjusting their custodial rights.

One parent could be deemed solely responsible for their child’s legal decision making. This decision may also lead to the child living with that same parent for the majority of the time.

Enforced Recovery Efforts

Just because a judge decides to alter someone’s parenting time and their legal decision-making authority for their child, it doesn’t mean the order is final. Custody cases involving allegations of substance misuse could lead to court-ordered recovery efforts, such as:

• Participation in a rehabilitation program: Someone may be required to complete a treatment program for substance abuse.
• Mandatory screenings: The court could enforce regular drug or alcohol tests for someone to prove they’re sustaining their sobriety.
• Home studies: A court-appointed professional may need to evaluate someone’s household to determine whether they can provide a stable living environment for their children.

No matter which decision the court makes, it will be aligned with the child’s best interests. For instance, if the court determines that someone’s regular substance abuse impacts their parenting ability, they may be ordered to achieve and sustain sobriety before revisiting their custody arrangement.

What You Need To Know About Modifying Child Custody Agreements

Perhaps you have sole decision-making authority over your child and have them in your physical care full-time. If this agreement was made due to your co-parent’s drug or alcohol misuse, there’s a chance it could change in the future.

Arizona courts generally prohibit modification requests for one year after the original court order was made. The person requesting the modification would need to provide evidence supporting their claim, such as a history of negative drug tests from a parent who has completed a drug rehabilitation program.

Contact Phoenix’s Reliable Family Law Firm

Concerned parents should know how to prove substance abuse in custody cases if they believe that a co-parent’s drug or alcohol misuse is harmful to their child. If you’re in this unfortunate situation or have other concerns regarding your child custody case, turn to Lincoln & Wenk. We represent parents and guardians in contentious custody cases, as well as child support cases, divorce proceedings, and more.

Our legal team can do more than teach you how to prove substance abuse in a custody case. We can outline situations in which a parent may lose visitation rights, explain how family courts approach these cases, and even assist with custody modification requests.

Connect with us today to learn more about our services or to schedule a consultation. Call (623) 294-2464 or submit our online form to get started.