Questions From AVVO: Child Custody and Substance Abuse

Question

What types of proof are needed to show the judge about my ex’s alcoholism in order to limit visitation time of our newborn? My ex and I had been in a battle about his alcoholism’s effects on my first child (6 yrs old) for over a year. When we found out I was pregnant, his drinking increased to the point of leaving my daughter alone at home while he went to get more alcohol. (I was working). We are now separated and have a newborn. We are getting ready to enter the court system but I am nervous that he will be granted copious visitation. He currently lives with his alcoholic mother and has refused rehab. I’m nervous that our newborn will be neglected due to his inability to care for her while he is intoxicated. His mother also has unsafe & outdated parenting ideals that I’m worried he will implement. What can I do to show the court my concerns? I don’t mind him seeing his child, I would just rather me be there.

Answer

Obviously your child should not be exposed to substance abuse. There are many ways to address the issue: does he have a DUI; has he lost a job because of drinking; any photos of his house with liquor all over; any Facebook information available. Many of the Judges will have him drug tested for alcohol. These TASC drug tests are very good and usually go back about 4-5 days. Also you can request that he be assessed by an appropriate agency for signs of substance abuse. You should contact an attorney to discus the details of your case before filing anything with the Court, if you can.

Child custody battles can be a challenging time that can be made worse by a parent with a substance abuse problem. The Sampair Group is here for you.