Understanding Parental Substance Abuse

Substance abuse is a result of the continual use of alcohol or drugs that causes a significant impact on an individual’s social, cognitive, and interpersonal functioning. It is a disorder that can range from mild to moderate to severe, affecting family life and often jeopardizing a child’s well-being.

Phoenix family lawyers say that for many children, parental substance abuse alters their livelihood and home environment. They may suffer abuse and neglect, often requiring them to be removed from their home and depend on other people for care. If you’re in the middle of a custody case that involves parental substance abuse, seek legal counsel for a favorable outcome.

What are the Effects of Parental Substance Abuse on Children?

Substance abuse can impair decision-making, so a parent with an addiction problem may not be able to meet the child’s needs adequately. Arizona courts don’t take substance abuse among parents lightly because of the significant impact it can have on the child involved.

Child custody attorneys in Phoenix highlight the following crucial factors to consider if your child lives with a parent with substance abuse addiction:

Emotional Burden

Children living with a parent with a substance addiction problem can suffer significant emotional effects. For example, they may experience feelings of anxiety, stress, guilt, or mistrust regarding the parent’s ability to care for them. A substance-dependent parent may also cause emotional distress and trauma to the child through verbal abuse.

Safety

A parent who is constantly under the influence of drugs or alcohol can put their child at risk. For example, they could become violent toward the child, make reckless decisions that harm the child, or neglect the child. If your child’s safety has been compromised because of their other parent’s substance abuse addiction, talk to Phoenix child custody lawyers.

Neglect and Abuse

A parent struggling with addiction may neglect their parental responsibilities, like providing basic care for the child. They may fail to deliver consistent nutritious meals for the child, attend to their health and hygiene needs, or remain consistent with the child’s school calendar.

The behavior can negatively affect the child’s emotional and physical well-being, behavior, and academic performance. Besides, the child may become socially isolated and emotionally distressed if the parent is constantly preoccupied with consuming the substances or making money to fund their addiction.

Lack of Structure and Routine

Children can benefit from structure and routine, such as set meal times and bedtimes. However, these can be difficult to achieve if one parent lacks consistency due to substance abuse. You may not be able to trust your co-parent to stick to the routine if their behavior is unpredictable.

You might be worried about what your child’s life is like in the hands of that parent, so it’s essential to take legal action if you’re worried about parental substance abuse. Skilled family attorneys in Phoenix can provide legal guidance on the procedure.

How Does Substance Abuse Affect Custody Cases?

When a parent has a history of substance abuse, the court will likely determine that it is not in the child’s best interests to be in the custody of that parent. A court may impose limitations on the conditions of the child’s relationship with that parent, such as requiring supervised visitation to ensure the child’s safety.

Child custody lawyers in Phoenix add that a parent could lose custody of their child due to substance use, misuse, or addiction. A judge evaluates the case circumstances to determine what’s best for the child. If a parent has been convicted of a drug offense within the 12 months preceding a custody hearing, the court could apply the principle of rebuttable presumption.

Under § 25-403.04 Az. Rev. Stat., rebuttable presumption allows the court to proceed under the assumption that, unless a parent can prove their recovery from substance abuse, awarding them sole or joint custody won’t be in the child’s best interests. The parent against whom there is a presumption can rebut it if they provide enough evidence to demonstrate that shared custody would be in the child’s best interests.

Does Substance Abuse Rehabilitation Affect Custody?

A parent who has custody of the child but struggles with substance abuse and decides to go into a residential treatment program will have to arrange for the child’s care while they are gone. They can make temporary, informal arrangements as long as both parents agree and there isn’t an active court case handling the custody matter. Otherwise, they risk losing custody.

If a parent loses custody or visitation rights due to substance abuse, they can increase their chances of regaining those rights if they complete rehabilitation treatment. They may be able to request more parenting time based on evidence that they are in stable recovery and ready to take good care of their child.

A Skilled Family Lawyer Helping You Navigate Parental Substance Abuse in Dependency Cases

Parental substance abuse can have a dramatic impact on dependency case outcomes. A parent who has an addiction problem puts the safety and welfare of their child in jeopardy, as they are often unable to make decisions for the benefit of their young ones. A parent with a substance abuse issue may lose custody unless they take active steps to seek treatment and rehabilitation.

Skilled child custody attorneys in Phoenix can help you navigate parental substance abuse issues in a child custody case. If you’re worried about your child’s well-being because your co-parent has an addiction problem, Arizona Family Law Attorneys can evaluate your case and guide you on the way forward. Our legal team can guide you in making wise decisions for the sake of your family. Call us at 480-448-0608 for a consultation.