Alcoholism, addiction and custody: What you need to know

| Jan 25, 2021 | Child Custody |

Just because you were accused of being a lousy partner to your spouse does not mean that you cannot be a perfectly awesome (or at least adequate) parent to your children. 

But what happens if your ex-spouse is alleging to the court that you have a drug or alcohol problem that prevents your taking proper care of the kids? Can you still fight for custody? Should you fight for custody? Let’s examine the matter.

Are you an addict?

While some devious exes can create lies out of nowhere, the court is going to rely on more than just a jilted spouse’s word that the other spouse is addicted to drugs or alcohol. But with Colorado being a one-party consent recording state, your ex might have evidence of your impairment while you were responsible for the care of the children.

Now is the time for some serious soul-searching. Help is out there. Don’t let your addiction interfere with the custody of your children and an unfettered relationship with them.

Fight back against allegations

You have the right to dispute lies, mischaracterizations and exaggerations about your drinking. However, it is much harder to justify any drug abuse if you are using illegal drugs. If you are fighting for custody, illegal drugs have no role in your life. Marijuana usage is a gray area since recreational usage is legal. It remains federally prohibited, however. 

Seek help when it’s needed

Go through detox and rehab if need be. The courts are far more likely to approve of a parent who sought the help they needed than the one who denied their own dangerous reality of addiction. Agree to maintain sobriety when the children are under your care and custody. Your Denver family law attorney can help you find the resources you need to maintain a sober lifestyle and remain involved in your children’s lives.