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Custody issues for parents recovering from addiction

On Behalf of | Aug 16, 2021 | Child Custody And Support

Recovering from addiction can be a long and delicate process. And recovering parents in Texas might have concerns about the custody issues they might have to face due to their addiction. However, while a history of addiction might present challenges when it comes to custody, a parent will still retain their right to continue developing their relationship with their child, as long as the child’s safety is ensured.

How addiction can affect your custody rights

A history of substance abuse or addiction can affect your parental rights since it can be seen as a threat to the best interest of the child. If you are going through a process where the child’s emotional or physical safety is threatened due to your addiction, the court might consider modifying or even repealing a custody order. The effects of addiction on custody rights include:

  • The court ordering supervised visitations in an environment deemed safe
  • The court ordering the addicted parent to complete a rehabilitation program and to take part in substance abuse counseling
  • The court repealing a shared custody order if it finds the child’s well-being under threat

Show the court you are serious about remaining sober

To prove to the court that you are serious about your sobriety, and you are committed to exercising your child custody rights, you should complete any court-ordered rehabilitation and counseling. As well, the court might also require ongoing evidence of sobriety such as random drug tests or participation in a program to monitor alcohol use and abuse.

In most cases, courts will usually work with parents to help them continue their involvement in their children’s life. Even when a parent temporarily loses shared custody or unsupervised visitation, the court will consider evidence of real progress and change as the parent seeks to regain their full parental rights.