How Does Substance Abuse Affect Child Custody Decisions in California?

When courts in California make child custody determinations, the children’s best interests are always at the forefront. When there is evidence that one parent has an issue with substance abuse, it can have a significant effect on the way courts determine what is in the best interest of the child with regard to child custody. If you’re facing a child custody case that involves substance abuse, an experienced Orange County child custody attorney can help. Minyard Morris was formed over 48 years ago. Its 20 divorce lawyers have over 350 years of combines legal experience.

Physical and Legal Custody

California addresses child custody in terms of both physical custody, which determines parenting time, and legal custody, which assigns parental authority to make primary decisions on behalf of the children, including the following:

• The medical care the children receive
• The education the children receive
• The extracurriculars and travel the children participate in
• The religious education the children receive

The goal is frequent and ongoing contact with both parents and shared rights and responsibilities in terms of raising the children. There are, however, circumstances, in which shared custody – without specific parameters, such as supervision – isn’t appropriate, and substance abuse can fall into this category.

The Children’s Best Interests

Children are considered better off when they are able to continue developing strong, loving relationships with both of their parents, which generally translates to each parent receiving a generous parenting time schedule, which you may think of as visitation. The best-interest factors that California courts consider in child custody cases include all the following:

• The age and overall mental and physical health of each child
• The strength of the emotional ties each parent has forged with the children
• Each parent’s ability to care for the children
• The strength of the children’s ties to their current home, school, and community
• Any history of family violence, child abuse, or child neglect
• Either parent’s regular and ongoing substance abuse

In other words, if substance abuse is established to be a regular and ongoing concern for either parent, it can directly affect the outcome of the child custody case.

How Substance Abuse Can Affect Children

Substance abuse can interfere with a parent’s ability to adequately supervise, care for, and nurture their children – in support of their health, safety, and overall well-being. A parent’s dependency on alcohol or drugs often directly contributes to conditions that are less than ideal for their children or that cause them direct harm – in terms of their physical welfare, their emotional welfare, or both. As such, the fact of substance abuse can play a persuasive role in child custody rulings.

Assessing Substance Abuse in Child Custody Cases

Every child custody case must be considered in relation to the unique circumstances involved, and this includes the matter of substance abuse. Substance abuse refers to the recurrent use of alcohol or drugs to the degree that the sufferer experiences substantial functional impairment. This impairment can take the form of a health problem, physical or mental disability, or failure to meet one’s responsibilities at home, work, or school – or a combination of these.

The Substance of Choice

For the abuse to be a factor in your child custody case, the substance in question doesn’t have to be illegal. For example, abuse of alcohol, marijuana, and prescription medications – that are prescribed to the user but are used outside the prescribed dosage – can all meet the requirements. Substance abuse can also, however, involve illegal drugs like the following:

• Heroine and other opioids
• Cocaine
• Meth
• Prescription drugs that are purchased illegally

Factors Considered

The kinds of factors that California courts take into consideration when assessing the effects of substance abuse in specific child custody cases include all the following:

• How frequently the parent uses the substance in question
• The severity of the parent’s substance abuse problem
• Whether or not the parent has any convictions related to substance abuse on their record
• Any evidence that the parent has neglected or abused their children

The Evaluation and Assessment Process for Substance Abuse

When there are allegations of substance abuse involved, California courts generally order professional evaluations, such as by addiction specialists, psychologists, and social workers. Their job is to assess the identified parent’s history of substance use in relation to the impact it could potentially have on the children.

The assessment process can include any combination of the following:

• Conducting in-depth interviews that are designed to explore the parent’s patterns in relation to substance use
• Having physical tests – such as blood, urine, or hair analysis – to confirm the abuse and help establish the severity of the problem
• Administering self-reported surveys
• Assessing how serious the parent’s addiction is – as demonstrated by the unique circumstances of the case
• Evaluating the parent’s efforts in relation to recovery

The Impact Rehabilitation Can Have

The State of California appreciates the value of rehabilitation, and they take parents’ recovery efforts into careful consideration in child custody cases. Factors like the following can support a shift in the court’s assessment of the situation:

• The parent’s active participation in a treatment program
• The amount of sober living the parent has under their belt
• The positive lifestyle changes the parent has made

The court doesn’t focus solely on past concerns but, instead, takes each parent’s commitment to recovery and to being there for their children into consideration.

Discuss Your Concerns with an Experienced Orange County Child Custody Attorney Today

Child custody cases already tend to be emotionally charged, but if substance abuse is an issue, you can expect your case to be more so. The trusted Orange County child custody attorneys at Minyard Morris are well acquainted with the legal and emotional complexities of child custody cases that involve substance abuse, and we will spare no effort in our protection of your parental rights and in our quest for a favorable case resolution that supports your children’s health and well-being. Learn more by contacting or calling us at 949-724-1111 today.