What is the impact of alcoholism or substance abuse on child custody and parenting time during or after a San Diego divorce? If the other parent of your child(ren) has an issue with alcohol or substance abuse it is absolutely a cause for concern. Those who suffer from alcoholism or substance abuse often operate a motor vehicle while under the influence. These cases are also known to be a source of substantial child neglect, physical and mental abuse, anger issues or even simple matters such as feeding the child(ren) or getting them to school on time.
The impact of alcoholism or substance abuse on child custody and parenting time is substantial. Child custody is divided into two areas: physical custody and legal custody. Physical custody is the right to have a child in your possession or for them to live under your roof. Legal custody is the right to make important decisions in the child’s life relating to issues such as medical treatment and healthcare, education, and religious practices. Impairment seriously impacts one’s ability to make sound decisions when it comes to caring for a child or making decisions regarding their best interests.
If one of the co-parents has an issue with alcohol or drug abuse the Judge in your case needs to be aware of the issue(s). Issues of addiction will have an influence upon the Court when it comes to custody and parenting time decisions.
Challenges with alcohol or drugs doesn’t mean a parent won’t get to see their children. However, it is an important issue regarding the safety and well being of each child. The Court may decide to order “supervised” visitation instead of allowing them to be alone with the child at any time.
The good news in these cases is the impact of alcoholism or substance abuse on child custody and parenting time can often be enough to cause the individual to seek treatment and recovery. If your former spouse has issues with alcohol or drug abuse you need to tell our attorneys and make the Judge aware of it as soon as possible. If existing orders are in place and the alcohol or drug abuse begins after the divorce is completed it may be necessary to seek an immediate modification of child custody and parenting time orders.