The Impact of Drug Abuse on Custody
Victor Myers
Family court in many ways can be more emotionally charged than other practices of law. As the attorney, we will frequently feel a sense of responsibility for the children involved even though we are representing one of the parents or grandparents. One major issue that always needs to be taken seriously is when there is an allegation of drug or alcohol abuse. While it is true that some parents will be untruthful or exaggerate alleged details about the other parents to win in custody court, we must take the safety of the children very seriously.
When issuing an award for custody, the judge must consider several factors as required by law to determine what is in the best interest of the child. In addition, the judge is required to give substantial weighted consideration as to which party is more likely to ensure the safety of the child. This responsibility transfers itself to the attorneys who are now tasked with presenting to the Judge of any potential risks.
One of the many factors listed for the judge’s consideration is the history of drug or alcohol abuse of a party or member of a party’s household. To no one’s surprise, a history of drug or alcohol abuse can pose a severe risk to a child’s safety and wellbeing. For this reason, attorneys need to treat every allegation for drug and alcohol abuse seriously. Requiring drug and alcohol testing or requesting supervised visitation are just some of the many ways an experienced attorney can ensure the safety of the children involved.
If you would like to explore custody and have concerns for a parent struggling with substance abuse, please contact the law firm of Appel Yost LLP at 717-394-0521 to speak with any one of our experienced attorneys.