If your spouse suffers from substance abuse – whether it’s alcohol, drugs, or both – you recognize how seriously it affects families, and no matter how much you try to shield your children from the effects, it hurts them, too. In fact – because they don’t have the capacity to understand what’s happening or the resources to cope – it may harm them most of all.
If you’ve come to the difficult decision that your marriage can’t be saved in the face of your spouse’s addiction and are worried about child custody, you should know that your spouse’s substance abuse can directly affect your child custody terms and should reach out for the skilled legal guidance of an experienced Killeen child custody attorney today.
Child Custody Basics in Texas
To begin, it’s important to understand the basics of child custody in the State of Texas. Texas addresses child custody in terms of both parenting time, which is physical custody, and parental responsibilities, which is legal custody.
In Texas, all child custody decisions are made in accordance with the children’s best interests, which takes a wide range of factors like the following into consideration:
● The children’s ages and developmental stages
● The children’s physical, emotional, and educational needs, including any special needs
● Each parent’s ability to adequately address their children’s needs
● Each child’s overall mental and physical health
● Each parent’s age and overall mental and physical health
● The strength of the relationship between each parent and each child
● The degree to which the children’s current living situation serves their best interests in terms of their home, school, and community, which is called the status quo
● The degree to which the parents are willing and able to work together as effective co-parents
● The matter of substance abuse and the degree to which it affects the children
● The degree to which each parent supports the other’s close and ongoing relationship with the children
● Whether or not domestic abuse, child neglect, or child abuse plays a role in the case
● Any other factors the court considers relevant to the unique case before it
Parenting Time
Parenting time determines when your children are with you and when they’re with their other parent. Overall, Texas courts are motivated to afford both parents a generous amount of parenting time with their children.
When there is a significant reason for limiting parenting time, however, they will do so, and if your spouse’s substance abuse has reached the stage that it affects their ability to parent effectively or to keep your children safe, it can directly affect their parenting time schedule.
Parents can either share their parenting time relatively evenly, or one may take on the primary custodial role, which means they have the children for the majority of their overnights, while the other parent has a visitation schedule. When there is a serious reason for limiting visitation – such as a serious substance abuse problem – options include the following:
● The parent may receive a minimal visitation schedule.
● The parent may be limited to visitation during the day – with no overnight visits.
● The parent may be limited to supervised visits.
● The parent may be restricted from all visitation.
Parental Responsibilities
Parental responsibilities determine how parents go about making primary parenting decisions on behalf of their children moving forward. The kinds of decisions covered include all the following:
● Where your children attend school
● The healthcare your children receive
● Your children’s religious upbringing
● Your children’s participation in extracurricular activities and travel
● Your children’s primary home
Parents can continue making these decisions the way they did when they were married, but one parent is sometimes assigned the authority to break a tie when the couple’s mutual efforts to reach an agreement hit a wall. Parents can also divide these decisions between them according to category, or one parent can be awarded sole decision-making authority.
For the kinds of everyday decisions that pop up around the clock, the parent who is with the children at the time is called upon to make them. And the same is true of any decisions that need to be made in emergency situations.
When a Parent Suffers from Substance Abuse
The impact of substance abuse on child custody can be profound, but each case must be considered in relation to the unique circumstances involved. Texas courts are bound to uphold the safety and well-being of the involved children above all else for every case they hear.
When one parent is battling addiction, it can raise serious concerns about their ability to care for their children and to provide them with the kind of stable and loving home life they deserve. Not every case of substance abuse, however, rises to the level that it affects the spouse’s ability to parent or to the level that it negatively affects the children.
When Substance Abuse Affects the Spouse’s Parenting
American Addiction Centers shares that one in eight children have at least one parent who suffers from substance abuse, which is defined by an uncontrollable use of a substance, such as alcohol or drugs. When a parent’s addiction interferes with their ability to provide care for their children appropriately, their child custody rights can be affected.
Substance abuse can affect a parent’s ability to care for their children in all the following ways:
● It can affect their ability to provide the children with a safe, comfortable home.
● It can interfere with their ability to make good decisions on behalf of their children.
● It can lead to neglect, such as leaving the children unsupervised or failing to provide them with nutritious meals on a regular basis.
● It can increase the risk that accidents will happen, which puts the children in harm’s way.
● It can lead to financial instability that makes it more difficult for the parent to adequately provide for the children.
On top of all this, a parent’s substance abuse can affect their children’s emotional health and well-being, which can lead to depression and increased anxiety and can translate to behavioral issues or developmental delays.
The Court’s Stance
Texas courts take every child custody matter on a case-by-case basis, which includes considering substance abuse concerns and carefully assessing both the nature of the parent’s substance abuse and how serious the issue is. For example, the kind of substance involved will be taken into consideration, which can include:
● Alcohol
● Prescription medications
● Illegal drugs
Whether or not the parent has had run-ins with the law will also play a role, such as arrests for DUI or domestic abuse and any other signs that the problem has reached serious proportions that may require more significant limitations in terms of their child custody arrangements.
Ultimately, the court will take all the following factors into careful consideration in determining the best path forward for the case at hand:
● The severity and nature of the parent’s addiction
● The degree to which the addiction has affected the parent’s life and their ability to parent to date
● The potential risk to the children at present
● The parent’s commitment to recovery
Proving Your Spouse’s Substance Abuse
In order to limit your divorcing spouse’s parenting time in response to substance abuse, you’ll need to prove there’s a problem, and this is accomplished with evidence, such as the following:
● Court documents, such as any DUI charges they have faced or any arrest records
● Medical records documenting treatment for substance abuse or prior attempts at rehab
● The testimony of those who’ve witnessed your spouse’s suspect behaviors and actions firsthand
● Your own testimony regarding your concerns and any evidence you may have, such as correspondence between the two of you, photos, videos, and beyond
Your Child Custody Arrangements
The fact that a parent has a substance abuse problem doesn’t immediately preclude them from receiving parenting time. If, for example, the parent has never allowed their problem to interfere with their parenting or to put their children at risk, the court is far less likely to seriously limit the amount of time they spend with your shared children.
Further, if the parent is committed to recovery and is taking the steps necessary to overcome their substance abuse issues, the court will carefully factor this into its final decision.
Shared Parenting Time
If the substance abuse problem does not interfere with your soon-to-be ex’s ability to effectively parent or isn’t considered a serious impediment to their ability to effectively parent the court may order generous parenting time schedules for both of you – although the fact of your divorcing spouse’s substance abuse may support you taking on the role of primary custodial parent.
If the problem is more serious, however, the court may include stipulations in the order, such as requiring your children’s other parent to successfully complete a rehab program. The court can also require that their visitation be supervised, which adds an additional layer of protection and will limit the visitation they receive.
When visitation is supervised, it involves a neutral third party being present throughout the visit, and it may need to occur at a space designated for such purposes.
Sole Custody
If the nature of your spouse’s addiction is such that the court finds more serious precautions are in order, you may be awarded sole physical custody – and may also be assigned sole legal custody. This means that the children will live primarily with you and will see their other parent only within the parameters set forward by the court.
No Visitation
If the court determines that your divorcing spouse poses too great a risk to your children, it may deny them all visitation with your shared children. This is a drastic measure that is reserved for very serious cases, and it doesn’t mean that your ex has lost all parental rights, but that could also happen.
Terminating Parental Rights
Parental rights are strong and can only be terminated for highly specific reasons, such as the following:
● The parent abandoned the children with no intention of returning.
● The parent seriously endangered the children.
● The parent consistently failed to support the children.
● The parent seriously abused or neglected the children – or has a record of such with another child or children.
● The parent has a felony conviction involving violence or sex against a minor.
● The parent purposefully kept the children out of school or away from their home.
To terminate the rights of your children’s other parent, a termination lawsuit must be filed. At this trial, you’ll be called upon to prove – with clear and convincing evidence – that one of the above grounds applies and that termination is in the best interests of your children. Termination of a parent’s rights is an extreme measure that is reserved for very serious cases.
Reach Out for the Skilled Legal Guidance of an Experienced Killeen Child Custody Attorney Today
If you have concerns about the effect your divorcing spouse’s substance abuse has on their ability to care for your shared children, it’s a serious concern that requires your careful attention.
Brett Pritchard at The Law Office of Brett H. Pritchard is a compassionate Killeen child custody attorney who has a wealth of experience helping clients like you obtain favorable case results that support their children’s health, happiness, and best interests, and he’s here for you too.
To learn more, please don’t wait to contact or call us at 254-781-4222 to schedule your free consultation today.