It’s estimated that around 15% of Americans struggle with addiction or substance abuse issues. Unfortunately, this matter, when compounded with a divorce and custody battle, can be incredibly difficult to navigate, as this matter can turn contentious. If this reflects your circumstances, it’s critical to understand the impact that addiction can have on the outcome of a custody battle. The following blog covers what you must know about these circumstances and the importance of working with St. Louis child custody lawyers to help guide you through these difficult times.

Do the Courts Consider Addiction in Custody Matters?

When the courts are faced with a custody decision, they will adhere to something called the child’s best interest standard. This essentially means the court will prioritize the child’s health, well-being, and happiness above all else when making a custody decision. As such, they will not take the wants and wishes of the parents into consideration.

In order to determine what the child’s best interest is, the court will examine a number of different circumstances. This includes, but is by no means limited to, the following:

  • The age of each parent
  • The mental and physical health of each parent
  • The ability of each parent to provide a safe and stable home for the child
  • The willingness of each parent to cooperate with the other
  • The income and job demands of each parent
  • Where each parent lives in relation to one another
  • How many children are impacted by the custody decision
  • Any allegations of abuse or neglect
  • The criminal histories of either parent

You’ll find that addiction can impact the outcome of a custody case, as the court will likely deem that substance abuse puts the child at risk, as the parent may have impaired judgment. Additionally, this can put the child at risk of harm, as the courts do not want children in the home with dangerous substances.

You should note, however, that if you have taken steps to combat an addiction, such as enrolling in a rehabilitation program or joining support groups to help with sobriety, the courts may look favorably upon you based on the other circumstances at hand.

Will I Receive Visitation Rights?

In the event that the courts determine that a parent struggling with addiction is not capable of providing the necessary care for a child at that point, it’s imperative to understand that they will likely grant visitation. This is because the courts believe that maintaining a relationship with both parents is in the best interest of the child. As such, if granting custody would go against the best interests of the child, visitation can help ensure the parent can still hold a role in their child’s life.

As you can see, this can be an incredibly challenging process to navigate. That is why it’s in your best interest to connect with an experienced attorney with Stobie Family Law Group to explore your legal options. Our firm understands that navigating addiction and child custody can be overwhelming. That’s why our firm is committed to helping you fight for the best possible outcome. Contact us today to learn more.