Affordable. Accessible. Experienced.

How to navigate child custody while recovering from addiction

On Behalf of | Aug 3, 2021 | Family Law |

Going through a substance abuse problem can be tough for Kentucky parents. If you recognized that you have a problem and have started to recover from your addiction, you’re taking a positive step for yourself and your family. There will likely be certain child custody issues that arise as you go through your recovery.

How is child custody awarded by the court?

When child custody is an issue taken up in front of a family court, a decision is made based on the best interests of the child. Certain aspects are taken into consideration when a parent is going through rehabilitation to overcome their addiction. The judge will consider the following when awarding child custody in that situation:

  • The age of the child and their care needs
  • Both parents’ living situations and resources to provide for the child
  • The best way to preserve consistency in the child’s everyday life
  • How any changes might affect the child’s daily life
  • The child’s physical and emotional safety and well-being

What will the court expect from the parent going through recovery?

If you’re a parent who is struggling with an addiction, you may voluntarily enter a rehab program. On the flip side, you may not truly realize that you have a problem and may be ordered into rehab by a judge. Whatever the case, once you have entered a program to overcome your substance abuse disorder, the court can require you to provide proof of sobriety when you’re trying to gain or retain child custody. You may have to submit to random drug testing or remote alcohol monitoring programs.

When you take these positive steps, it shows that you are accountable for your actions and helps you to regain trust. It shows the other parent of your child and the court that you are serious and committed to getting better and being a good parent. The court may modify your parenting rights as you continue to make progress.