No one will agree that children should be raised by drug addicts. But neither do the courts remove children from every home where a parent misuses drugs or alcohol.
But the question still remains — how should custody be determined when one parent is abusing drugs or alcohol?
Defining the problem
At what point does substance use become abuse? While there is no cookie-cutter answer, traditionally, use of drugs or alcohol becomes problematic when the user can no longer control their consumption or their usage has caused problems in their work or personal lives.
While that may work out for the addicts themselves, what about the children who may be left in their care?
Thorny issues
Fortunately, addicted parents don’t have to wait to be fired from a job or rack up a DWI to realize that there is a problem. In fact, even mulling this question or having someone close to them mention their growing addiction can be the catalyst for change.
What the courts say
Courts are bound by the duty to keep the best interests of the children foremost in their decision-making process. Rarely will that lead to kids being placed in an addict’s home unless the addict is actively seeking treatment.
Even then, the courts may temporarily award custody to the non-addict parent or another relative while the addict seeks help.
Being proactive is a big plus
Courts demand accountability, and the top way that is achieved is by confronting and addressing the substance abuse problem. If an addicted parent seeks help on their own without being court-ordered into treatment, that could show the court that the parent is trying their best to get well.
Chances are good that if you or others suspect you have a problem with drugs or alcohol, you likely do. Conquering the problem could pave the way toward being awarded custody by the court.