When you share custody of your child, there's the expectation they will remain safe and supported while in your ex's care. However, if your former partner has an ongoing addiction issue, it could affect their ability to ensure your child's needs are met, so it's natural to look into a potential modification of the custody terms. Here's a look at how addiction can impact the current arrangements and how an attorney familiar with family law issues will help. 

Can the Addicted Parent Receive Visitation?

The court considers what custody arrangement will serve the best interest of the child. Drug or alcohol abuse could make a parent an unreliable caregiver, so the court might award the other parent sole physical custody when evidence is brought to light in a hearing. 

Addiction could also make it difficult for the parent to make decisions regarding their child's education, health care needs, and religious views. In this case, the non-impaired parent might also be awarded sole legal custody. In an effort to preserve the parent-child relationship, the parent with the addiction could be granted visitation rights. They might also need to submit to drug or alcohol tests to ensure they aren't under the influence during the visits.  

What if There Were Related Domestic Violence Issues?

A parent's history of domestic violence is also a concern the court takes into account. As defined by Alabama law, this includes stalking, assaulting, harassing, or threatening another individual. These issues could stem from the underlying, ongoing addiction. 

If safety issues are a concern, the court might deny visitation rights or order supervised visits. This means a family member or an objective third party from a state-sanctioned agency will attend the parent-child visits.

How Is a Substance Use Disorder Proven in Court?

You'll need to have substantial evidence to prove your ex's alcohol or drug addiction is ongoing. This can include your own eyewitness accounts as well as the observations of others. 

Your attorney can also help you obtain police reports of your former spouse's recent DUI, drug, or disorderly conduct arrests. The lawyer could also find evidence proving that your spouse did not pass a treatment program they were enrolled in, lost their job due to the behavior, or is facing disciplinary action that could affect their employment.

If you need to change the current child custody order, reach out to Ray T. Kennington, Attorney At Law, for help. Serving residents in Ozark and Enterprise, AL, since 1982, the attorney will file motions and submit evidence to compel the court to accept your custody modifications. Learn why you can trust the local law firm to handle your case online and call (334) 445-1200 for a consultation.