Substance Abuse & Child Custody

When Georgia courts make child custody determinations, they focus on the best interests of the involved children, and a wide range of factors play a role. Many of these relate to each parent’s ability to adequately attend to their children’s needs, and the matter of substance abuse is a serious issue in this context. If you’re facing a child custody case and you have concerns about substance abuse in relation to your children’s other parent, it’s time to consult with an experienced Forsyth County child custody attorney.

The Best Interests of the Child

As mentioned, Georgia courts are interested in the best interests of the children involved when it comes to child custody cases, and the factors considered include all the following:

  • The depth of the relationship between each child and each parent
  • The degree to which each parent has been involved in raising the children to date
  • Each child’s needs, including any special needs
  • Each parent’s ability to provide for each child’s needs
  • Each parent’s overall mental and physical health
  • Any evidence that substance abuse or addiction is an issue
  • Any history of violence

When One Parent Is Identified as Having a Substance Abuse Issue

When one parent is identified – either officially or by the other parent – as having a substance abuse issue, the court will take the matter into careful consideration, but it doesn’t necessarily mean that the identified parent will be cut out of the child custody equation. Instead, the court looks at the big picture and considers how substance abuse affects the children’s overall well-being and best interests.

The Court’s Perspective

Georgia courts begin with the presumption that children are universally better off when they’re allowed to maintain deep, loving relationships with both parents. This is a well-accepted presumption – barring a significant reason for believing otherwise. Only in the most challenging situations will a parent be denied all visitation with their children. Ultimately, Georgia courts must prioritize the children’s safety and well-being while balancing the importance of having ongoing contact with each parent.

Factors Considered

When the matter of substance abuse is involved, the court takes all the following factors into careful consideration:

  • Whether the parent’s substance abuse is alleged or substantiated
  • Whether the parent has a criminal record in relation to the substance abuse, such as multiple DUIs or drug charges
  • Whether the parent is actively engaging in substance abuse or is in recovery
  • How recently has the parent engaged in substance abuse
  • Whether the parent has ever endangered the children as a result of their substance abuse

Every child custody case is determined on an individualized basis, and the matter of substance abuse can play a pivotal role. For example, the court may determine that supervised visitation with the parent who has a substance abuse problem is the best way to protect the children while supporting their ongoing relationship with that parent.

Seek the Legal Counsel of an Experienced Forsyth County Child Custody Attorney Today

The compassionate Forsyth County child custody attorneys at Banks, Stubbs & McFarland dedicate their impressive practice to guiding challenging cases like yours forward toward optimal outcomes that honor our clients’ parental rights. We’re here for you too, so please don’t hesitate to contact us online or call 866-488-3181 for more information today.