REESELAW BLOG

When a family goes through a major transition like divorce, the presence of substance abuse adds a layer of complexity to an already fraught situation. Not only is substance abuse a potential basis for the end of the relationship, but it also impacts divorce or custody matters on numerous levels. It is vital to be aware of the potential roadblocks presented by addiction issues and plan accordingly.

The Impact of Substance Abuse on Divorce and Custody Matters

Substance abuse impacts families in a range of family law matters. While every family is unique, there are some common ways that substance abuse typically manifests in the process.

Acting Out

A partner with substance abuse issues may exhibit aggressive or erratic behavior, making negotiations and settlements difficult. Since people with addiction often avoid difficulties in their lives, they may be unable to come to terms with the end of the relationship or the changes in parenting rights and duties, and their denial can cause delays and irrational expectations. Meeting deadlines, responding to requests for information, and appearing at meetings or court hearings can be difficult for the substance abuser. In some instances, their actions can lead to volatile confrontations, requiring intervention. The worst of these can include verbal, emotional, and physical abuse, which has more drastic impacts on the family, especially children.

Lying to Counsel

Substance abuse often leads to dishonesty by the substance abuser with their family, friends, and also legal counsel. The lies with legal counsel include financial matters, custody issues, compliance with court orders, and even recall of general facts. Trust is a crucial component in legal proceedings, and dishonesty can severely hinder the process, leading to unfavorable outcomes. Legal counsel cannot formulate and effectuate a strategy if they do not have a complete picture. Often, this dishonesty goes to the extent of the abuse, with the substance abuser denying that it is a problem, minimizing its significance, or minimizing their actions. In addition, the other party may have viable evidence that exposes the truth, which means that a negative fact is exacerbated by dishonesty.

Failing to Abide by Interim Agreements

During the divorce process, interim agreements and orders regarding finances, living arrangements, and child custody are established to provide guidance to the parties pending a more permanent resolution. A spouse with substance abuse issues may struggle to comply with these agreements. This failure can escalate conflict and make it harder to reach an agreement on the terms of the divorce. Non-compliance can result in legal penalties and further complications.

Custody Issues When a Parent Has Substance Abuse Issues

Custody of children in Virginia is determined by the "best interests of the child" standard. However, there is a preference for continuing the parent-child relationship with both parents, absent evidence that doing so would harm the child. When one parent has substance abuse issues, the other parent can have legitimate concerns about the safety of the children when they are with the addicted parent. Here are some possible ways to mitigate the risk to the children.

Treatment

A child custody agreement reached between the parties or ordered by the court can require a parent to undergo treatment for their addiction. It is possible to require specific milestones to be reached before that parent can have physical custody of the children. The court can ensure compliance with these mandatory treatment programs through progress reports and assessments as part of independent medical examinations or custody evaluations.

Drug Testing

Custodial arrangements may include drug testing to ensure sobriety. Technologies like Soberlink can be required to ensure that the parent does not place the children at risk.

Third Party Supervised Visits

The court may order, or the parties may elect to have a third party involved to supervise the substance abuser’s time with the children. This might include a neutral family member or friend, a professional such as a Guardian ad litem, or an individual providing supervision through a service such as the Stronger Together program in Fairfax County.

Substance abuse affects more than the user – it is a family problem. When utilizing a legal proceeding to end a marriage or change custodial arrangements, the presence of substance abuse can have a substantial impact on the proceedings and the outcomes. To protect yourself and your children, consult with counsel to understand your options and create a customized strategy to address the situation. Contact ReeseLaw, P.C., to set up a consultation.