When parents divorce, custody battles can be long, stressful, and emotionally draining for everyone involved. One of the most challenging situations for parents is when one of their children has a drug or alcohol problem, and they wonder if they can change custody as a result. In this blog post, we’ll explore the answer to that question with Attorney Sharita Blacknall, owner of The Blacknall Firm, a divorce and child custody law firm in Texas.
First and foremost, it’s essential to understand that the answer to whether custody can be changed due to a child’s drug or alcohol problem is, “it depends.” According to Attorney Blacknall, you must demonstrate to the court that it’s in the best interest of the child for custody to be changed. To do that, you’ll need to provide evidence that the current custodial parent is or is not doing something that is causing or exacerbating the child’s drug or alcohol problem. Additionally, you’ll need to prove that you are better equipped to handle the issue than the current custodial parent.
So, what kind of evidence will the court look for? You may need to show that the current custodial parent is enabling the child’s drug or alcohol problem by not taking appropriate action to address it. For example, if the parent is aware of the issue but not seeking treatment, counseling, or medical help for the child, that may be seen as neglectful or harmful to the child’s wellbeing. In contrast, if the non-custodial parent is proactively seeking treatment for the child, that may be viewed as being in the child’s best interest.
Keep in mind that judges consider many factors when deciding custody cases, and a child’s drug or alcohol problem is just one piece of the puzzle. The court will also consider the child’s relationship with both parents, their living situation, their education, and any other factors that may impact their wellbeing. In some cases, the court may determine that the child’s drug or alcohol problem is better addressed through a modification of the current custody agreement, rather than a complete change in custody.
If you’re considering a custody change due to your child’s drug or alcohol problem, it’s critical to seek legal advice from an experienced family law attorney. They can help you navigate the legal system and develop a strategy to present your case effectively to the court.
In conclusion, custody changes due to a child’s drug or alcohol problem are possible, but it depends on the individual circumstances of the case. The most critical factor in any custody battle is the best interest of the child. With the help of an experienced family law attorney, you can demonstrate to the court that a custody change is necessary and in the child’s best interest. If you have any questions or would like to speak with an attorney, feel free to reach out to The Blacknall Firm.