Alcohol and substance abuse issues in the United States are unfortunately common. According to a study by the National Institute of Alcohol Abuse and Alcoholism from 2021, about 11.3% of adults in the United States 18 years old and older had Alcohol Use Disorder in the last year.
Co-Parenting when a Parent has Alcohol or Substance-Abuse Issues
When a parent has alcohol or substance abuse issues, the children are often affected. As a divorce and custody attorney, there are too many times that a parent says that the other parent would be a great parent, except for their alcohol issues. It is common for the parent to have questions about how to foster a relationship with the other parent but also protect the children from the negative effects of the abuse. This blog discusses some of the ways you can protect the children while still preserving the relationship.
Proving Alcohol or Substance Abuse
The first obstacle is often proving alcohol addiction or substance abuse. If the other parent denies the abuse, it is often your burden to convince the Court that the other parent is suffering from alcohol or a substance abuse issue.
- Text messages that don’t make sense or that are sent at weird times can help corroborate your statements that you know the other parent abuses alcohol.
- A video showing the person slurring their speech or stumbling can show a person is intoxicated.
- Credit card payments to liquor stores or receipts showing alcohol purchases can be used.
- A past criminal history of DUI or things like police reports for drunk or disorderly conduct can help convince the Judge.
- You can also request the Court order testing. For example, the Court can order hair follicle drug testing to test for illegal or prescription-only substances that leave a trace in the hair’s growth.
- At times, the Court will order the parent to submit to a Chemical Dependency Evaluation to have a professional evaluate the level of alcohol or substance abuse (if any) and recommend restrictions or treatment.
Primary Custody with Supervised Parenting Time
Once you’ve convinced the Judge that there are alcohol or substance abuse issues, then you can start looking at what tools should be used to keep the children safe when the children are with that parent. In cases with more severe abuse, the parent may need to attend inpatient rehabilitative treatment before resuming parenting time. The Court could order supervised visits so that the children have another adult present to make sure the children are safe when having time with the non-custodial parent.
Testing, including Joint Custody with Testing Requirements
Especially for parents who have sobriety but a history of abuse, the Court can order testing to help make sure the children have a sober parent. For example, the Court can order the parent to have an interlock device on their vehicle to show that they are sober before transporting the children.
There are also monitors like interlock devices but used at set intervals when with the children other than while driving. For example, the Court could order a parent to have a subscription to Soberlink or a similar service that requires the parent to blow into a device at set intervals during their parenting time to show they are maintaining sobriety around the children. In some cases, a parent with a history of alcohol issues may have joint custody of their children with some level of security for the other parent that the parent is remaining sober at least when the children are around.
Other methods of testing include a right to request the other parent to test. For example, if the parent believes the other parent is abusing drugs or alcohol, the parent has a right to request a urinalysis from the other parent. The Court can order such at the requesting parent’s cost to only be reimbursed if the parent does in fact test positive. The parent’s time is suspended when a parent fails a test.
Other Resources
Often the best-case scenario is the parent gets the help they need to become sober and continue their sobriety. Continuing therapy, rehabilitative treatment, AA, and NA are just some of the many tools out there that can help a parent obtain sobriety and continue their sobriety. While a parent is on that journey, there are a number of resources and tools that can be used to give the parent with sobriety issues as full of a relationship as possible with their children while still putting the children’s safety first.
Law Office of Julie Fowler, PC, LLO | Divorce Lawyers Omaha
Child Custody | Child Support | Divorce Lawyers Omaha
If you are looking for an attorney in a child support case or divorce in Omaha, Nebraska, or the surrounding areas (including Papillion, Bellevue, Gretna, Elkhorn, Lincoln, Nebraska City, Sarpy, and Lancaster), contact our office to set up a consultation.