From the physical and mental health of both parents to the wishes of the children, family law judges look at a number of factors before making custody and visitation decisions. They may also consider a parent’s use of drugs or alcohol because frequent use of these substances can impact a parent’s ability to take care of a child. If you are trying to gain custody of your children, but have a history of substance abuse, you should enlist the help of a Wisconsin family lawyer.
How a Judge May Respond to Parental Substance Abuse
Judges do not take alcohol or drug abuse in custody battles lightly. Parents who abuse these substances often neglect to give their children what they need. They may also put their kids’ lives in danger. For example, if a parent is heavily drunk and forgets to turn off the stovetop, it can increase the risk of a fire in the house. Judges want to prevent these sorts of incidents from occurring, so they are weary about awarding custody to parents with substance abuse issues.
If a judge hears an allegation that a parent is abusing drugs or alcohol, he or she will fully investigate that claim. A judge will typically have the accused parent take a drug test. If illegal drugs are found in the parent’s system, the court may award custody to the other parent.
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