Oregon | How Does Alcoholism Effect Child Custody?
If you suspect that your child’s other parent is involved in alcohol or drug abuse, or if you yourself are facing allegations of substance abuse, it’s essential to understand how this might impact custody and visitation arrangements. Occasional, responsible drinking typically doesn’t impede a parent’s ability to provide proper care for a child. However, a parent’s consistent and excessive alcohol consumption or engagement in substance abuse can present risks to the well-being of children.
Can Parents Lose Custody for Drug Use or Alcoholism?
Substance abuse by a parent can have an impact on both initial custody determinations and ongoing custody arrangements after a divorce or custody orders have been established. If a parent granted sole or shared custody, or visitation rights, begins to display concerning signs of substance abuse that endanger the child, the other parent may choose to return to court and request a modification in custody.
The specific criteria for such modifications vary by state. In general, you would need to demonstrate two key factors to change existing custody orders:
1. A substantial change in circumstances.
2. The requested modification is in the child’s best interests.
If you suspect a significant change in your co-parent’s alcohol or drug use or have newly discovered hidden substance abuse, you will need evidence to support your claims (more details on this below), along with evidence of potential harm to your child. If this evidence persuades the judge, they could make changes such as altering the child’s residence, limiting the substance-abusing parent’s time with the child, or imposing visitation restrictions. In severe cases, the parent might lose sole or shared legal custody if their substance abuse significantly impairs their decision-making capabilities.
Substance abuse can also result in reports of child abuse or neglect. In cases where juvenile court removes a child from a parent’s custody in dependency proceedings, the parent usually has a specified period to seek treatment and take actions (such as regular drug testing or alcohol monitoring) to prove to the judge that it’s safe to reunify the child with their care. However, if the judge determines that these “reunification” efforts have failed, the parent may not only lose custody but could also have their parental rights terminated entirely.
Can You Lose Custody Because of a DUI?
If you have a prior conviction for driving under the influence of alcohol or drugs, it could potentially be used as evidence suggesting a substance abuse issue that might jeopardize the safety of your children. However, a single DUI offense on its own is unlikely to lead to a loss of custody or visitation rights. The situation becomes more concerning if certain aggravating factors are present, such as:
1. Having a child in the car while driving under the influence.
2. Recording a very high blood alcohol concentration (BAC).
3. Having a history of repeated DUI convictions.
What Are The Visitation Conditions for Parents With Substance Abuse Problems?
Recognizing the importance of maintaining ongoing parent-child relationships, judges seldom completely sever all contact between a parent and child solely due to the parent’s substance abuse. Even when there’s compelling evidence suggesting potential harm if the child stays overnight with that parent, a judge will typically permit visitation with certain restrictions or conditions, which may include:
1. Supervised visitation, often with a social worker or a trusted monitor present in the room at all times.
2. A requirement for the parent to engage in suitable treatment or rehabilitation, which may involve programs like AA or NA.
3. Regular drug testing or alcohol monitoring.
These conditions are often set for a specified duration and may be lifted if the parent demonstrates successful treatment and maintains evidence of ongoing sobriety.
Does Drug or Alcohol Rehabilitation Affect Custody?
If you have custody of your children and opt for a residential treatment program, you’ll need to make arrangements for their care while you’re away. If you and your co-parent can reach an agreement (and there isn’t an ongoing court case regarding custody), you might be able to establish temporary, informal care arrangements. However, failing to do so could put your custody, at least temporarily, at risk.
On a positive note, if you’ve lost custody or visitation rights due to substance abuse issues, successful rehabilitation can be a path to potentially regaining those rights in the future. Just as your co-parent may request a custody change from a judge based on your struggles with alcohol or drugs, you also have the option to return to court and seek increased parenting time by presenting evidence of your stable recovery and readiness to provide proper care for your children.
How Do I Prove Substance Abuse in a Custody Case?
To establish a case for limiting your ex’s parenting time due to concerns about alcohol or drug abuse, you’ll need supporting evidence. This evidence may encompass:
1. Records of encounters with law enforcement, including convictions for offenses like disorderly conduct, DUI, or illegal drug possession or use.
2. Testimony from witnesses who have observed the parent’s struggles with alcohol or drug-related issues.
3. Employment records indicating adverse work impacts due to substance abuse.
4. Medical records, where applicable and respecting patient privacy safeguards.
5. Social media posts that reveal patterns of excessive drinking or drug use.
6. Repeated, incoherent text messages or voicemails, suggesting frequent intoxication or drug use by your co-parent.
7. Reports stemming from custody evaluations that assess the effects of a parent’s alcohol or drug use.
8. Results of drug tests (further details below on when testing may be mandated).
Can I Take an Alcohol or Drug Testing to Keep or Regain Custodial Rights?
For a parent facing allegations of substance abuse in a custody dispute, it’s possible to voluntarily undergo a drug test to refute those accusations, even when a judge hasn’t made it mandatory.
If you’ve already experienced a loss of custody or visitation rights due to issues related to alcoholism or drug use, you can opt to participate in routine alcohol monitoring or drug testing to demonstrate your progress in recovery. In this scenario, the duration of your sobriety and the timing for transitioning to unsupervised visitation or increased parenting time is typically at the discretion of the judge.
Who Can I Talk To About Custodial Disputes Over Substance Abuse?
The majority of parents can come to mutual parenting agreements, either independently or with the assistance of custody mediation. However, if you have concerns about your child’s safety related to your co-parent’s alcohol or drug use, or if you are at risk of losing custody or parenting time due to allegations of substance abuse, it’s advisable to consult with an attorney. Resolving these disputes can be complex, involving both emotional and legal challenges. An experienced child custody lawyer can provide guidance on how the law in your state is relevant to your particular circumstances and assist you in gathering the necessary evidence to safeguard your children and your parental rights.
