A parent’s substance abuse will almost certainly affect custody and visitation arrangements. Courts use the best interest of the child analysis for decisions regarding children including custody and parenting time. Although New Jersey’s statute does not specifically state that substance abuse is a factor, it certainly goes to “parental fitness”, which is one of the factors used in determining custody and parenting time.
A party who thinks the other parent is using drugs or alcohol in an unhealthy manner should try to document evidence of such abuse and include it in any application to the Court. Courts are more likely to take allegations with proof more seriously. Bare allegations are rarely sufficient. When a parent has a history of drug or alcohol abuse, he/she may be deemed unfit to have custody of a child. Then, the question remains of whether the parent will be permitted to have parenting time with the child and under what circumstances. A Court’s decision on parenting time may involve several factors such as if the parent is in a rehabilitation program, been sober for a certain amount of time, or made positive changes to minimize the risk of harm to the child or children. Under the doctrine of parens patriae a court has the power to intervene when an issue affects the safety and wellbeing of a child.
It is not uncommon for a parent who has substance abuse issues to have supervised parenting time or a restriction on overnight parenting time. Courts typically have a few options when it comes to parents with substance abuse issues. They may allow parents to only have daytime visitation with the children. Courts may require the visitation to be in a public place such as a park and they may require a third party to supervise the visitation. The third-party may be a professional or it may be someone that the parties know and trust. Courts or parties may agree that the parent perform an alcohol/drug test prior to having parenting time with the children. Some Courts may prohibit parents with substance abuse issues from driving the children. There are several different restrictions that Courts may impose, and parenting time will most likely be affected in some way.
Restrictions on parenting time due to substance abuse are rarely permanent. A parent who makes efforts to better themselves can, over time, have restrictions removed.
If you need assistance with your custody or parenting time issues, contact our office today for a consultation.
