Child Custody With Drug Abuse

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Child custody with drug abuse will most likely lead to drug testing ordered by the court. Testing positive for substance abuse can be a very serious matter where a minor is concerned. Adults who are engaging in irresponsible behavior will be looked upon negatively by the court when it comes to having custody or visitation rights with minors. Lifestyle choices must be considered carefully by each parent and those choices can have a major impact on his or her life for a very long time. Some adults are addicted to substances and need medical help in order to kick the addiction. If an adult who is a party in a case for child custody with drug abuse tries to quit and gets medical help the court will consider that there has been a change of heart and this will look favorably for the one who is trying to change. However, the court will probably order a medical and psychological evaluation of the parent whose behavior is in question. A change of heart can be brought about through spiritual means where a person has turned their life over to God. He or she may be truly sorry and is seeking God for help with overcoming a drug abuse addiction. "God is our refuge and strength, a very present help in trouble" (Psalm 46:1).

Losing parental rights means that the adult who has lost the rights does not have a say in the child's life. When a person loses rights to their children as a result of a case for child custody with drug abuse they can turn their life around and take the matter back to court. However, they will have to prove that they have been free of drug use and have the potential to remain free of the addiction. The court is not likely to consider giving the adult parental rights if there is any question to the persons change of heart. If the child is old enough he or she can help to sway the decision of the court to restore ones parental rights but there must be other evidence to substantiate the reinstatement. The court may give temporary visitation to the person who wants to be given parental rights and the visits may be supervised by a representative assigned by the court. A parents rights can be restored but it must be done through the judicial process and the person will need to have an attorney to help argue his or her case.

A visitation agreement if so ordered by the court allows the parent who does not have custody of a minor to see him or her at specific scheduled times. However, in cases such as one where a person is gone through child custody with drug abuse there may be reasons why the adult does not get visitation rights. Substance addiction can be very serious. Drugs can alter a persons behavior to the extreme. The court will consider the well-being of the child and will not allow an adult with a drug problem to have visitation rights. If the offending parent goes through rehab and remains clean for an extended period of time and has a character witness or witnesses of a positive change in behavior he or she might be able to go back to court and obtain visitation rights.

Anger issues between spouses will negatively affect child custody with drug abuse. Children should be considered first when a divorce is going on. If the two adults can not act civil to one another and have the well-being of the child as the most important consideration a judge might rule against both parents having custody. Violence and fighting are especially detrimental to a minor's welfare. If anger issues are magnified because of substance abuse then both parents are in danger of losing custody. The court may appoint temporary custody to a relative or a foster family while the parents go through rehab and anger management classes. If after time one or both adults can show that they have changed then they may have the opportunity to win custody of their children.

Trying to reach an agreement on child custody with drug abuse can be difficult if the offending party is not willing to seek help for drug addiction. Proving the best interest of the child by being responsible and being involved in your child's life on a daily basis will be difficult if substance abuse is a problem in your life. The court will want to see detailed records where the child has been cared for. If records are available then the court will want to have testimony from witnesses of parenting capabilities. When substance abuse is involved there will be a big question mark as to whether or not a person is responsible enough to care for a minor. This is true especially if there is testimony from witnesses of encounters where the abuse has hurt or neglected the minor.

Failure to pay temporary child support can have a major bearing in a case for child custody with drug abuse. Other occurrences that can have a negative impact are overwhelming work schedule, not adhering to visitation times, and incidences of neglect. An adult with a police record does not have a very good chance of obtaining custody of his or her children. Incidences of jail time or convictions that stemmed from substance abuse can hurt one's chances of being awarded custody. The best thing that a person can do if they have a record is to find a way to show the court that he or she has had a change of heart and has become a responsible parent. Keeping the child as the most important consideration in one's life by working and paying child support will say a great deal to the judge over the case of child custody with drug abuse.

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