Legal custody or decision-making authority and parenting time are both important considerations, as is financial support for children when their parents go their separate ways. Judges hearing litigated custody cases typically try to make decisions that are in the best interests of the children. There is a presumption in most cases that the active involvement of the parents is the best possible arrangement. However, that is not necessarily always the case. Parents in certain situations can endanger, neglect or abuse their children.
People with substance abuse disorders frequently struggle with the challenges of parenting. A verifiable substance abuse disorder could impact how a judge allocates parenting time and legal authority. Unfortunately, they typically cannot take one parent’s verbal claims as concrete proof in a custody dispute. The parent trying to secure sole custody typically needs compelling evidence to support their allegations during litigation.
How can people prove that a spouse or partner struggles with the substance abuse disorder?
With medical records
Some people consume so much alcohol that they damage their livers. Others may end up in the hospital because they have abused drugs and experience a medical emergency. In some cases, there might even be diagnostic records affirming that health care professionals have recognized an individual’s substance abuse disorder. Medical records can help convince a judge that there is reason for concern about a parent’s drinking, illicit drug use or habit of self-medicating.
With police reports
People who struggle with substance abuse disorders may end up accused of criminal offenses. Records of a parent’s prosecution for impaired driving, drug possession and trafficking offenses can help support allegations of substance abuse and risk for the children. The more recent those charges are, the more likely a judge is to consider them when reviewing the situation. Even police reports from when people call authorities about someone’s perceived impairment or agitation could help establish that there is reason for concern.
With personal documentation
Many people are functional addicts. They drink or use drugs without ending up in the hospital or a holding cell. Parents who cannot rely on official records from medical or law enforcement professionals may need to slowly gather their own documentation. Keeping a journal recording drug or alcohol consumption habits can be helpful. So can photos and videos of behavior while under the influence. In some cases, people may even be able to present financial records showing how much someone spent at a bar or withdrew in cash for drug purchases.
Finding objective evidence to support allegations of substance abuse can make a major difference for those preparing for contested custody cases. Protecting children from an unstable environment can be critical for their long-term health and happiness.
