Addiction can be a debilitating disease, impacting all areas of your life, from your employment and home to your family and children. As such, if you have lost custody of your child as a result of substance abuse, you may decide to turn your life around so you can be involved in your child’s life. If this reflects your circumstances, you may wonder how to regain custody after overcoming your addiction. 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 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
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 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.
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.
