If you are struggling with addiction to drugs or alcohol, or are the co-parent of someone who is, you may be wondering just how substance abuse can affect your custody and parenting rights.
You are right to be concerned, as the National Center on Substance Abuse and Child Welfare determined that one out of eight kids here in the United States live with one or both parents who suffer from at least one substance abuse disorder.
What do the courts say about addiction and custody?
If a parent’s drug or alcohol usage impairs their ability to feed, clothe and shelter their children or keep them safe, the Colorado family law courts can and will remove the at-risk kids from their parents’ homes.
But there is also something to consider. Judges tend to look more favorably upon parents who proactively address their substance abuse problems rather than denying a problem exists. While you may feel that you have your addiction issues under control, it is only a matter of time before you lose whatever facade of control you believe you have.
The best interests of the child
Even when the parents’ addiction prevents them from acting in their children’s best interests, those are the principles that guide the custody decisions the family law courts make in these cases.
Is custody loss automatic?
Not necessarily. Of course, in the short term, you may need to make temporary custody arrangements for your minor children while you undergo detox and rehab. But those arrangements can indeed be temporary so you can heal and become a better parent.
Approaching the court as a sober person actively pursuing their sobriety can go a long way towards convincing a judge that you are indeed capable of safely parenting your children.
