Substance abuse can sometimes be the reason a marriage fails. One spouse may grow tired of dealing with the other when they come home drunk or high. They may feel frustrated over the amount of money going to a partner’s addiction.
Ironically, the very issue that may prompt them to want a divorce may leave them feeling like they cannot file. When there are children in the family, parents may worry about sharing custody. They may feel as though the children may be safer if the parents remain married. That way, their children don’t spend time unsupervised with someone who may be under the influence of or withdrawing from a substance.
Parents intending to divorce because of substance abuse may need help preparing to effectively protect their children.
Documentation is crucial
Decades of research have made it very clear that substance abuse issues can negatively affect parenting. People addicted to various substances can neglect their children while under the influence. They can become volatile towards their children. They may even engage in secondary criminal activity that could endanger their children.
The courts generally do not want to leave children in the care of someone incapable of meeting their needs. However, family law judges generally cannot enter custody orders based solely on verbal allegations made by one parent. In order to obtain sole custody or limit the other parent’s time with the children, the parent trying to protect the children needs evidence.
Documentation of substance abuse can come in many forms. There may be medical records of injuries caused by physical violence or incurred due to negligent parenting. There might be medical records affirming that one parent has had health challenges because of their substance abuse.
Financial records showing how much they spend at the bar and police reports showing recent arrests for drug possession or drunk driving can also help convince the courts to intervene for the protection of the children.
Judges want what is best for the kids
Judges handling contentious custody matters have a duty to act in the best interest of the children. In many cases, there is a presumption that giving both parents as much time as possible with the children is what is best for them. If addiction has compromised one adult’s parenting abilities, a judge may decide to limit their time with the children.
Having support while preparing for difficult child custody negotiations or litigation can help parents protect their children. Those divorcing because of substance abuse may need help ensuring that their children are safe.