What Includes In Child Custody Circumstances Against An Addicted Parent

August 25, 2012 0 Comments

When parents abuse medicines, their privileges such as custody, parental rights and visitation can be impacted in critical circumstances. The factors that must be taken into account in determining the consequences of parental drug abuse on the privileges of parents include the duration of the drug addiction, the kind of medications over used and the chances of the parent to misuse certain substances in the past.

When a parent is proven guilty of overusing mind-altering substances, visitation is suspended by the court. But when the addicted parent considers immediate treatment for his alcohol and drug abuse in a center for substance abuse treatment, he can be given a supervised visitation. Until the addict shows consistent sobriety, he will not be granted visitation times.

According to drug abuse rehab programs professionals, parental rights can be lost by a parent who has long-term drug and alcohol abuse. When a child who needs a neglect and abuse case is filed against his parents with addiction problems, the case can be solved by terminating parental privileges. While the law wants the child and his parent to reconcile, failure of the parent to solve his substance abuse concerns within a year will result in the termination of his rights to his child.

With regards to identifying the custody of a child in America, it is always based on the child’s interest. A laboring parent who ingests medications is deemed not in a position to safeguard and enhance the best interest of the child. Therefore, this parent cannot get custody of his child. But an addicted parent, who was previously given custody, will be ordered by the court for a change of custody. Child custody with substance abuse can lead to drug testing as the court orders. When a parent is positive to the drug test, he will have to face critical problems. A parent who has questionable behaviors may be requested by the court to undertake psychological and medical examination.

Cases that involve charges of drug and alcohol abuse that can change a person’s mind and the effects of the abuse on parental rights, custody and visitation are complex legalities. Thus, when encountering this proceeding, parents should have their privileges protected by engaging with a lawyer. When a parent loses his rights to his child because of substance abuse concerns, he can take the issue in court again but he has to prove that he has been free from substance use and can stay sober for life.

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