How does drug use affect child custody?
If one parent has a significant criminal history or there are signs of substance abuse, those issues can definitely play into a custody determination. A history of alcohol or drug abuse can significantly affect your custody agreement and influence the Court’s decision when granting access to your child.
How can I lose custody of my parents?
5 Ways A Mother Can Lose Custody of Her Child in California
- Serious Neglect and Being an Unfit Parent. Serious child neglect can be used as grounds to take away a mother’s rights to child custody.
- Violating a Custody Order.
- Domestic Abuse.
- Inadequate Co-Parenting Skills.
- Emotional Instability or Substance Abuse.
How do you prove substance abuse?
For example, a conviction for the illegal use or possession of a controlled substance could be evidence; a parent’s own testimony (at a live deposition or hearing, or through a written declaration) of his/her substance abuse could be evidence; and a police report and drug rehabilitation record could be evidence.
Can I drug test my child’s father?
In California, Family law courts may order any person who is seeking custody of or visitation with a child to undergo testing for the illegal use of controlled substances and the use of alcohol if the court determines based upon a preponderance of evidence (i.e. more likely to be true than not) that there is the …
How do you prove a parent is unfit?
Evidence Used to Prove a Parent is Unfit
- Testimony from counselors, therapists, teachers, coaches, and other people who are familiar with specific instances in which the parent displayed unfit behavior.
- School and medical records.
- Police reports detailing domestic violence.
- Photographs and videos of the parent’s home.
Can a parent with a drug addiction get custody of a child?
A parent laboring under the effects of drug abuse or addiction is not deemed in a position to best ensure the protection and advancement of the best interests of the child. Therefore, such a parent is not able to obtain custody of a child in the first instance.
How does a court respond to a parent’s substance use?
Courts generally respond to a parent’s substance use either during a child custody hearing or when complaints about suspected substance use—and its impact on the children—are reported either to the court that issued the child custody order or to the state (through the Department of Child Protective Services ). 1
How does drug abuse affect visitation and custody?
Drug abuse by a parent potentially causes the loss of visitation, custody and even parental rights in the most serious of cases. A number of factors come into play when determining the impact of drug abuse on visitation, child custody and parental rights of a parent.
How does parental drug abuse affect legal rights?
Parental drug abuse potentially impacts legal rights in three different areas: visitation, custody and parental rights, according to the American Bar Association Section of Family Law. Drug abuse by a parent potentially causes the loss of visitation, custody and even parental rights in the most serious of cases.