PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.
Solutions And Guidance For Your Legal Conflicts
  1. Home
  2.  ~ 
  3. Child Custody
  4.  ~ Can child custody be affected when a parent has an addiction?

Can child custody be affected when a parent has an addiction?

On Behalf of | Oct 19, 2022 | Child Custody

Many Florida residents struggle with substance abuse problems. Those who are parents might find their lives turned upside down if the other parent deems them a danger to their child. Parents with alcohol or drug issues can find their custody impacted.

How the court responds to substance abuse

The court takes a parent’s substance abuse problem seriously, especially when that parent has custody or is seeking it. The biggest priority of the court is to ensure that every decision made has the child’s best interests in mind. This means that if the judge determines that the parent with drug or alcohol addiction might be a danger to the child, they can revoke their custody rights and parenting time privileges.

Certain factors are always considered in custody cases, including the following:

  • The physical and mental condition of each parent
  • Each parent’s ability to provide for the child emotionally and physically
  • Each parent’s willingness to maintain their relationship with the child
  • The role of each parent in the child’s care and upbringing
  • Other factors the court deems relevant when deciding custody or visitation

If one parent is able to prove to the judge that the other has a serious addiction and poses risks to the child, it could affect that parent’s custody. The sober parent might even be awarded full custody.

Addiction and its effect on custody

If substance abuse is an issue affecting a parent, the judge might order an investigation to determine whether this is the case. If that parent has custody, their rights might be temporarily revoked until the investigation is complete. However, they might get supervised visitation in the meantime.

Getting help for an addiction is the best way to show the court that you’re serious about maintaining custody of your child and being a good parent.