When making custody decisions, courts must base their decisions on the best interests of the child. Factors they can consider include substance abuse. While substance abuse problems alone are not enough to make a parent ineligible for custody, they can have a drastic impact on final custody decisions. A Michigan child custody attorney can answer further questions you have about substance abuse and custody decisions.
Factors Michigan Considers When Deciding Custody
Family courts are required to decide custody issues in the best interest of the child. Michigan statute MCL 772.23 defines the specific factors courts should consider when determining physical custody. Factors that are relevant to a child’s best interest include:
- The love and affection between parent and child
- The parent’s physical and mental health
- The parent’s ability to care for the child’s physical and emotional needs
- The stability of the household environment
- The moral fitness of the parent
- The willingness of the parent to continue a parent-child relationship
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Although not explicitly named, substance abuse problems could indicate issues with the parent’s physical or mental health and ability to care for the child. Substance abuse can create an unsafe home environment and impact a parent’s capacity to provide for the child’s needs, especially if drug use interferes with working or finances.
Can a History of Substance Abuse Disqualify Me From Custody?
A history of substance abuse by itself is not sufficient to make a parent ineligible for custody — it is just one factor out of many. Courts and judges decide on a case-by-case basis by considering the individual facts of the circumstances. Facts that could impact a decision include:
- How frequently the parent uses drugs or alcohol
- The length of time since the parent’s last relapse
- Whether the parent attended rehab and treatment programs
- Previous records of child abuse or neglect
- Whether the substance abuse impacts the parent’s ability to provide financially
- Remorse and willingness to seek treatment for substance abuse
- Parent’s conduct and behavior during custody proceedings
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In custody disputes, it is not uncommon for one parent to use substance abuse allegations to argue against custody. However, substance abuse does not define a person. Someone might have had a problem in the past, but has since turned their life around. An attorney can help build a strong case to argue against claims that a history of substance abuse makes them unfit to be a parent.
Outcomes in Custody Cases Involving Substance Abuse
If courts have concerns about substance abuse and a parent’s fitness, they can enforce specific custody arrangements. Possible outcomes include:
Supervised Visitation
Parents whose substance abuse poses a risk to children may only be allowed supervised visitation. With supervised visitation, the parent can only see the child with a neutral, third-party observer present.
Drug Treatment
Family courts may also order parents with substance abuse problems to undergo treatment to maintain custody rights. Parents may have to provide proof of program completion and pass a drug test to ensure compliance.
Limited or Terminated Custody
In severe cases, courts might limit or terminate a parent’s custody or parental rights. This option is usually reserved for cases of extreme substance abuse.
Contact a Michigan Family Law Attorney Today
Child custody cases can become intense and fraught with emotion, especially when they involve delicate issues like substance abuse. The best option for both parties is to have an accomplished attorney to help mediate and resolve disputes. The Smith Law Offices, P.C., has extensive experience in child custody matters and can help you pursue a just and satisfactory resolution.
Contact our offices online or call today to discuss your case with a Michigan family law attorney.
