Child custody with alcohol abuse can be questioned if a spouse can prove that an alcoholic parent is a danger to his or her children. One way to do this is to provide police reports of DUI arrests or other offenses surrounding an alcohol addiction. Friends and family members can testify in court against the parent with the addiction. The parent with the drinking problem should be honest with the judge about everything. Also, he or she will need to show that seeking help and working towards wellness is of the utmost importance. Sincerity is most important in a case for child custody with alcohol abuse. The court will be more lenient with someone who is sincere and can prove that he or she is seeking help than with someone who tries to deny there is a problem. "Neither yield your members as instruments of unrighteousness unto sin: but yield yourselves unto God, as those that are alive from the dead, and your members as instruments of righteousness unto God" (Romans 6:13).
Testing for substance addiction can be done by using hair follicles. This test can actually show if the offender has been using the addictive substance for the last 12 months. This could be valid proof against the offender having child custody with alcohol abuse. The offender would need to show that he or she is receiving counseling and actively going to AA meetings. Even with that, the judge may not allow the offender to visit the minors without a responsible person present. This would mean that the parent would need to be monitored when having the minors by someone who has not been known to have a problem with abusive substances or a bad driving record.
The court will consider what is best for the children when determining custody or visitation privileges. Child custody with alcohol abuse that has been proven in court will require the offender to seek treatment before he or she is allowed to have the children alone. If there is not a substance abuse problem then both parents should work with each other to agree on custody, child support, and visitation. If they cannot agree then a mediator will need to be used to help them come to an agreement or parenting plan. Some states require the couple to put together a parenting plan to submit to the court.
Many things are taken into consideration when it comes to child custody with alcohol abuse. The age and mental health of both parents is considered as well as the character of each one. Evidence of abuse is another relevant factor. The age and sex of the child is important to the court along with preferences of the minor of who he or she wants to live with. The court will not usually ask a minor about preferences unless he or she is at least 11 years old. The judge will look at the financial capacity of each person and determine who is best able to provide food, clothing, and healthcare for the minors.
Getting substance abuse testing or random testing will be up to the court in child custody with alcohol abuse. The parent who has the problem should be proactive and make every effort to overcome the addiction if he or she wants to have custody or visitation rights. The attorney can become the monitor of such tests or someone else appointed by the court. If testing has been done before the case goes to court and the tests show that the offender has been clean then there may not be a problem. If the turnaround has been recent then the court may require further monitoring before allowing the offender to have the minors alone. Realistically, the spouse with the addiction should not want to put the minors in danger and should communicate to the judge the desire to be responsible.
In some cases a psychologist may be appointed to conduct psychological and addiction testing to the parent with the problem. Child custody with alcohol abuse never looks favorable for the one who has the addiction. This does not mean that there will absolutely be no way that the offender will ever see the minors. It just means that the court will determine what is in the best interest of the children. If a psychological profile is done then the judge will have something that helps in making that determination. If the profile comes back negative there may be an opportunity to consult with a different psychologist in order to get a second opinion. The best thing to do is to be honest and be willing to do whatever is necessary to become responsible and show the court that you have become responsible.
Some clinics offer a program to help the offender gain control and engage in sober living. If the drinking problem is excessive this would probably be the best way to go. If the parent with the alcohol problem offers to participate before the case goes to court, the outcome may be better. People with addictive behavior may have other problems such as bipolar, depression, personality disorders, and so on. Getting to the root of the problem and obtaining the right treatment may make all the difference. Child custody with alcohol abuse is a matter that can serve as a motivator to seek help and be diligent about getting well. In addition, one should seriously consider finding a clinic that is Christian based. This type of facility will concentrate on spiritual healing using God's word and prayer.
Child Custody With Alcoholic ParentChild custody with alcoholic parent complicates the divorce process because a child's safety and well-being must be considered. The court will not award custody to someone with a drinking problem. Therefore the court has to determine visitation and if the visitation has to be supervised. Basically, the judge has to decide if the mother or father with substance abuse problems can have the child in his or her possession at all. A judge may rule that the person with the problem cannot indulge in the substance while visitation is allowed. The court may decide that a sobriety test has to be taken before the adult can pick the child up for visitation. But then there is the argument from the responsible parent that a test beforehand does not guarantee the other adult will not drink at all while taking care of the minor. The adult with the addiction should be willing to quit drinking completely in order to obtain child custody with alcoholic parent. God has the answer to this type of dilemma and having faith in Him can help to bring peace to those who are troubled and fearful. "And He saith unto them, Why are ye fearful, O ye of little faith? Then He arose, and rebuked the winds and the sea; and there was a great calm" (Matthew 8:26).
When divorce is prevalent and a minor under the age of 18 is still at home parents may battle over who has custody. A case with two responsible adults can be long and drawn out when there are minors involved. If there is one adult who is responsible and one who is not the court will likely choose the responsible adult to have custody of the minor. Child custody with alcoholic parent could result in the irresponsible adult having no visitation. This would depend upon how the court chooses to monitor the situation and how many chances the irresponsible adult has to quit drinking. The burden of proof should be placed upon the adult with the substance abuse problem. The responsible parent should not have to deal with proving or disproving the other parent's behavior.
One of the things that can happen with child custody with alcoholic parent is the court decides the parent with the substance abuse problem must attend Alcoholics Anonymous meetings regularly. This might work if the court puts a sponsor with the adult to see that the meetings are attended and checks on him or her to monitor behavior. Falling off the wagon is still possible even while attending AA meetings. However, the adult should not engage in drinking while he or she is responsible for the minor. So, how does the court ensure that this does not happen? Being involved in AA meetings, sponsoring other adults with a drinking problem, and participating in group counseling will help a person to abstain but he or she has to really want the help and be ready to quit drinking before this will happen.
Substance abuse addictions are difficult for those who truly enjoy the substances they partake in. They may not want help. The person who loves their child will try to quit the addiction in order to visit and spend time with the minor. The person who loves the addiction more than anything else will have a very hard time trying to quit. Perhaps it is possible for the parent to stop drinking during the time he or she has visitation or custody rights. He or she will promise the judge during the proceedings for child custody with alcoholic parent that no substance abuse will happen when the minor is present. The difficulty in trying to judge this type of matter is great so praying and asking God to give wisdom to the court for the benefit of the child is wise.
Some judges may decide flat out that the erring adult proves abstinence before he or she can see the minor or have visitation rights. This process might involve having character witnesses to the fact that the substance abuse has stopped. Child custody with alcoholic parent is difficult on the parent who is responsible when having to release the minor to the one who is not responsible. He or she lived with the erring adult who was constantly drinking and this person became violent and there is a question regarding the minor's safety. Yet, the court decides to give visitation in spite of concerns. Having faith in God can help in this type of situation when believing that God will protect the child at all times. Holding on to the promises of God will help one to get through the ordeal. Praying that the court will decide for the best involving child custody with alcoholic parent can help to bring peace over the situation. God can work out any situation but we must ask Him and have faith in Him to help us.
A divorce can be so stressful for both parties that they fail to realize the impact it has on the children. Sometimes the man and woman are so hurt and stressed that they forget to consider what is best for the child. Child custody with alcoholic parent is a process that the court uses to decide where the minor should live. In some cases the minor lives six months with one parent and the other six months of the year with the other parent. In cases where one adult is irresponsible in having a drinking problem the process becomes much more complex because the court recognizes that the child's safety could be compromised when living with the irresponsible party. In these cases one should pray for the child's well-being above all else.