Custody battles are inherently a difficult and often overwhelming issue, as both parents may feel entitled to time with the child. However, when one party in this process struggles with addiction and substance abuse, this matter can grow even more contentious. As such, it’s critical to understand the impact that addiction can have on the outcome of a custody decision on Long Island. If this is a factor in your current situation, you’ll want to keep reading. The following blog explores what you should know about these difficult matters, including the importance of working with Long Island child custody lawyers to help guide you through this contentious situation.
Will Courts Consider Addiction When Making a Custody Decision?
When the courts are presented with a custody case in New York, they must adhere to the child’s best interest standard. As such, the judge assigned to your case is legally required to make custody decisions based on the best outcome for the child and their health, well-being, and happiness. As such, the courts will prioritize this above the wants and wishes of the parents and even the child if it conflicts with their best interest.
The courts will consider several factors when making custody decisions, including, but not limited to, the following:
- The age and health of each parent
- The ability of each parent to provide a safe and stable home for the child
- The willingness of each parent to work with the other in a co-parenting relationship
- The income and job demands of each parent
- Any allegations of abuse or neglect
- Any allegations of addiction or substance abuse
- The criminal histories of each parent
- Where each parent lives in relation to one another
As you can see, addiction is a factor that the courts will consider when determining a custody matter in New York. Unfortunately, if one parent can show that the other struggles with substances, the courts may find that this impacts their ability to provide a safe and stable environment for the child. Substances can impair judgment, making it more likely that a parent will put the child at risk or neglect them as a result.
However, the courts will also consider factors like recent drug tests, whether or not the parent has taken steps towards recovery, and any documentation of sobriety, which can help show the court that the parent can care for the child.
Is There a Chance of Visitation?
If the courts have determined that a parent with substance abuse issues is unable to adequately care for the child, it’s important to understand that the court could grant the parent visitation rights. This is often ideal, as the courts believe it is in the best interest to maintain a relationship with both parents when possible. However, these visits may be supervised based on the circumstances of the addiction.
As you can see, addiction is not something the courts take lightly during child custody cases. As such, if you or your ex-partner is struggling with substance abuse, connecting with an experienced attorney is imperative. At the Sklavos Law Firm, our team understands how difficult these matters can be to navigate, whether you’re seeking custody or want to prevent your ex from gaining primary custody. Working with our team is in your best interest. Contact us today to learn how we can assist you.