It is possible to regain custody of your child in Missouri if you are able to overcome your addiction. However, it’s necessary to understand that you must prove that this is in the best interest of your child by demonstrating that your circumstances have significantly changed. This generally entails showing ongoing, sustained sobriety, stability, and a formal custody modification petition. The following blog explores what you should know about these complicated matters, including the importance of working with St. Louis child custody lawyers to help you navigate these difficult times and fight for the best possible outcome for your circumstances.
Is It Possible to Regain Custody After Battling Addiction?
First and foremost, it’s important to understand that you may be able to regain custody of your children if you can overcome your battle with addiction. This is because you can seek a modification of the current custody arrangement if you are able to show that significant circumstances have occurred that warrant a change in the plan, which, in this case, would be recovery from the addiction that took your kids away from you.
It’s critical to understand, however, that it’s not enough to say that you’ve rehabilitated. You must show the court the efforts you’ve made to be a fit parent. This includes abstaining from substances and remaining clean, maintaining employment, having a residence that is safe residence for a child, attending counseling or support groups, and making an effort to stay in touch with the child through phone calls, emails, letters, or even in-person visitation.
What Courts Consider After Addiction Recovery
- Proof of ongoing sobriety (completion of treatment, clean drug tests, etc.)
- Housing that is stable and safe for a child
- Participation in counseling, recovery, or therapy
- A sustained effort to maintain a relationship with the child
- The ability to prioritize the best interests of the child
How Do Courts in Missouri Decide on Custody Matters?
In St. Louis and the surrounding Missouri communities, the courts will only modify a custody arrangement if the petitioning parent can show that there has been a considerable and substantial change in custody circumstances that reflects the best interests of the child. Recovering from addiction can constitute a significant change in circumstances; however, it must be supported by credible and strong evidence. This process is formally referred to as custody modification in Missouri and requires a substantial change in circumstances. This applies to parents filing in St. Louis County, St. Charles County, Jefferson County, and surrounding Missouri jurisdictions.
Missouri law requires that custody modifications meet the legal standards included in Missouri Revised Statutes § 452.410, which states that a court can only order the modification of a custody agreement if a substantial and ongoing change in circumstances has occurred, and the modification represents the best interests of the child, as supported by clear and convincing evidence.
“Best Interests of the Child” Factors
- The mental and physical health of each parent
- The income and earning capacity of each parent
- The ability of each parent to provide a safe and stable home environment
- Each parent’s willingness to cooperate with the custody schedule and support the relationship between the child and their other parent
- Where each parent lives in relation to the other
- The educational, medical, and developmental needs of the child, if applicable
- The child’s relationship with each parent
- Each parent’s work schedule
Why Addition Still Matters After Recovery
- Courts prioritize the long-term stability of the child, not just short-term improvement
- The risk of relapse may be considered, depending on the parent’s history
- Judges consider consistent sobriety over a period of time, rather than recent changes
- Structured recovery, like participation in programs and therapy, can strengthen your case
How Do I Seek a Modification of My Custody Arrangement?
If you have taken the necessary steps to overcome your addiction, it’s important to understand the steps you must take to fight to regain custody of your child. Generally, the first thing you must do is file a petition with the court to seek a modification of the current custody arrangement. However, as previously mentioned, it’s not enough to tell the court that you have been rehabilitated. As such, you’ll need to provide documentation of the measures you have taken that show your fitness to gain custody.
Once you have submitted the necessary information to the courts, you’ll need to serve your spouse with copies of the petition. After this, the court can set a hearing date at which you and your spouse will present your cases to the judge. You should note that just like the initial custody decision, the court will prioritize the best interest of the child above all else. However, if they determine that you have taken the necessary steps and feel it is in the best interest of your child, they can issue a new custody decision in your favor.
Step-by-Step Process to Regain Custody in Missouri
- File a formal motion to modify custody with the appropriate court, which is the St. Louis Family Court for those who live in and around the city
- Compile evidence that helps support claims of recovery
- Document stability in employment, income, and housing
- Include evidence of an ongoing relationship with your child and involvement in their life
- Serve the other parent
- Attend scheduled court hearings
- Await the court’s decision
- Comply with any court-ordered evaluations or requirements
Will I Still Have Visitation Rights During Recovery in St. Louis?
Even if you are barred from custody due to your struggles with addiction, it’s important to understand that courts in Missouri, including St. Louis, often prioritize visitation as a means of ensuring that the child and parent can maintain a meaningful relationship. However, depending on the circumstances, visitation may be supervised.
What to Expect from Visitation
- Supervised visitation in a controlled environment with a neutral third party present to observe the visit
- Gradual increase in parenting time as trust is built
- Restrictions on overnight visitation until stability is proven and consistent
- Ongoing monitoring, including drug testing and random check-ins
Contact an Experienced St. Louis Family Law Firm
As you can see, this process can be incredibly difficult to navigate, which is why connecting with an experienced attorney with the Stobie Family Law Group is in your best interest. Our team understands how difficult these circumstances can be, which is why we will do everything in our power to help you fight for the best possible outcome for your situation. When you have battled addiction, we will help you battle for your family. Contact us today to learn how we can assist you.
