Substance abuse can have a serious impact on child custody decisions in California. If you’re involved in a custody dispute and believe the other parent has a substance abuse problem—or if you’re being accused yourself—understanding how the court views these allegations is critical.

In this video, we’ll cover how substance abuse influences custody arrangements, what kind of evidence the court requires, and what legal steps you can take to protect your parental rights and your child’s well-being.

If you’re facing a custody dispute involving substance abuse allegations, Mohajer Law Firm is here to help. We specialize in family law and are dedicated to protecting your rights and your children’s best interests.

Transcript:

In any child custody matter, the court looks at multiple factors before deciding on a parenting schedule. However, in this video, I want to focus and address substance abuse issues in a custody dispute. Specifically, how substance abuse affects child custody decisions, the legal effects if a co-parent is accused of a substance abuse problem, and lastly, what if you’re the one who’s being accused of having a substance abuse issue?

For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense, and Personal Injury.

In these videos I like to tackle complex issues and try to simplify them for our viewers in order to give you the knowledge and know-how to handle your case more effectively. So if you like the contents of this video, please hit that like button and also, don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new mini-series called A Walk in the Park.

Substance Abuse and Child Custody Decisions

So how does substance abuse affect a custody decision? Well, you have to remember, in California, the primary focus and the standard of review is what is in the best interest of the children. So if there are accusations of any type of substance abuse, the court looks at that in determining what type of parenting schedule that parent should have. So if there’s a history of substance abuse, chances are you might end up with supervised visitation. You could end up with limited custody or completely losing your parental rights outright.

Evidence Must Be Presented

So anyone who is accusing the other parent of a substance abuse issue, they carry the burden of proof. That means you have to present evidence to the court to establish that there is a problem, either through witness testimony, past medical records, or even failed drug tests.

If a Co-Parent Is Found to Have a Substance Abuse Problem

Now, what is the legal effect if a co-parent has a substance abuse problem? When you have a parent who has a substance abuse issue, it’s very important that you get before the judge.

Request for Order or Modification

If you have a prior court order, you file a request for a modification. If you don’t have a prior order, then you usually file a request for order to get in front of that judge to explain what is in the best interest of these children and what kind of parenting schedule you are requesting.

Supervised Visitation

Now, if it is found that there is a substance abuse issue, the court has the ability to order supervised visitation. What that means is that when that parent has their custodial time with the children, they’re going to have a third party there present to ensure that the parent is not under the influence of any type of alcohol or drugs and that the children are safe and in a safe environment.

Random Drug Testing

The court also has the ability to order random drug testing or, if it’s an alcohol issue too, for the parent to enroll in a program, for example, like Sober Link, where it allows one parent while the other parent gets a live feed whether they pass a test or not. That ensures the court that the parent who has a substance abuse issue is not under the influence when they have the kids in their custody.

What If You’re Accused of Substance Abuse?

But what do you do if you’re the one who’s being accused of having a substance abuse issue?

Seek Legal Counsel to Properly Represent Yourself

Well, it’s very important to seek legal counsel. When you go to court, this is your one time to show and disprove to the court if there are any false allegations against you, to show the court that you are a fit parent.

If you go to court not represented and you feel that you did not adequately represent your own best interests and the court orders something that you don’t like, there is very little that any attorney can do for you after the fact.

So if you have any uncertainties or you’re weary about what’s going to happen in court, it’s very important to speak to a seasoned family law attorney who is familiar with these types of allegations and can navigate the case more efficiently for you.

What If You Do Have a Substance Abuse Problem?

Enroll in a Substance Abuse Program

If, however, you do have a substance abuse problem or perhaps you did in the past, one way to show the court that you are fit to be a parent and have that custodial time with your children is to voluntarily enroll into programs such as either AA or some type of drug treatment program.

That shows the court that you’re owning your responsibility and showing to the court that you do have a problem and you’re addressing it. So long as you’re able to establish that you are addressing it and you are clean and there’s no endangerment to the children, then potentially you can avoid having any type of supervised visitation or random drug testing.

Substance Abuse Was a Past Issue

Another way to counteract any accusations of substance abuse is also showing the court your fitness as a parent. Perhaps in the past you had a problem, but now you’ve been sober for however many years. To be able to prove that to the court is going to go a long way.

Our past is our past and the courts understand that. The courts are really only looking at the current situation and whether you are fit to have custody with your children, whether it’s unsupervised or with or without any type of random drug testing. So it’s important to establish to the court that you are fit today as a good parent, even though you might have had a problem before.

Contact Mohajer Law Firm About Substance Abuse and Child Custody

So in this video, we addressed specifically substance abuse issues, what to do if you feel that the other parent has a substance abuse problem, and what to do with the court by filing a request for order, what evidence may be necessary to be able to prove your point, and what to do if you’re the one who’s being accused.

So if you have questions about your child custody case or you’re in some type of similar situation where you would like to talk to an attorney, I welcome you to call our office. I’m happy to sit down with you one on one to discuss your options and strategize what is the best approach to take when it comes to your case.

And like I said in the beginning of this video, if the content of this video was helpful to you, please share and like this video. Don’t forget to subscribe also, so you’re always informed of any new videos being posted.