Substance Abuse in Child Custody Cases

May 14, 2021Child Custody

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The Texas Academy of Family Law Specialist is a professional organization of Board Certified family law attorneys.
IAFL is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries.
The Texas Bar College is a professional society of legal scholars who are leaders in the Texas legal community and champions of legal education.

Judges in Texas presiding over custody cases often must take factors of substance abuse into their consideration. Family courts often tend to take a negative view of parents that have a history of substance, intoxication, and addiction; the relationship with the parents is considered to be of critical importance to the child that it will be preserved whenever possible. Parents that are able show themselves to be reliable and reasonable custodians will be more likely to be trusted by the courts with their own children when possible. However, this does not mean that the court quits verifying the parent’s reliability and to review their behavior.

The rights of a Texas parents to be a part of their child’s life is considered to be in the best interests of the child. Addiction and substance abuse may not be enough by itself to make a court preclude this, although it will often make them place conditions on custody. Results including supervised visitation, mandatory drug testing, counseling and and restrictions on which activities can include the children are all possible restrictions that the family court could impose.

Texas child custody courts views the welfare of the child to be the primary concern, not the feelings of the parents for each other. If there is anything that can be done to preserve the helpful presence of a parent in a child’s life, even if that parent has serious substance or addiction issues, then the court will often try to do it. As assumed, arrangements may also change if the parent manages to get past their difficulties and apply themselves to their responsibilities.

Those that find themselves in a custody dispute in Texas may want to obtain the assistance of an attorney who has family law experience. In some cases, negotiating a custody agreement can help to avoid conflict that can often otherwise spill over and affect the child.

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