How will a spouse's addiction affect your child custody case?

 Posted on March 01, 2020 in Child Custody

After enduring the cost of a spouse's substance abuse issues for years, the non-abusing spouse may decide to walk away. Many choose divorce as a way to distance themselves (and their children) from the problems addiction has created.

A parent's misuse of illegal and legal substances can have a profound effect on their children. A divorce might allow you to separate your children from a bad situation, and the courts can support you in the process.

Courts recognize the effect a parent's substance problems can have on their children. For this reason, courts take substance abuse heavily into consideration when looking at custody arrangements.

Destructive behavior

Texas courts don't allow much leeway regarding the safety and protection of children. If children are exposed to continued substance abuse, the user may forfeit their right to custody.

Dangerous ground

Another important factor a judge will consider is the best interest of the child. Substance problems by your spouse, or anyone that has access to their home and your children, could be a determining factor in your custody case. If your partner does have documented substance issues, the court is more likely to restrict access between the offending parent and the child.

When the court is weighing a custody decision during your divorce, substance abuse issues are not taken lightly. Don't leave your child's future to chance. To make certain you and your children are adequately protected, seek the help of an attorney who will fight alongside you in court.