Why You Should Get Clean: Your History of Drug or Alcohol Abuse Can Affect Your Child Custody or Visitation Rights
California family law requires that before child custody and visitation orders are made, a judge must take into consideration what is in the child’s best interest. When a judge is considering what is in the child’s best interest, he or she may look at any factors that are relevant. In addition, the judge must consider the child’s health, safety, welfare, history of physical abuse, and either parent’s habitual drug use. If you are a parent with a substance abuse problem, it is very important that you obtain treatment for this problem so that you can provide a safe and stable environment for your children.
Before a court considers allegations accusing a parent of drug or alcohol abuse, the court may require “independent corroboration.” This means the court may want to see written reports from law enforcement, courts, probation departments, social welfare agencies, or drug rehabilitation centers. In addition, the court may order a parent seeking custody or visitation to undergo drug or alcohol testing. The court may also require the parent who is tested to cover the costs of the testing.
Please contact us for more information about child custody and visitation rights and how issues of drug or alcohol abuse may affect those rights. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Texas likes to do what is called Joint Conservatorship. There is a snradtad visitation that TX likes to stick to that covers within and over 100 miles. If this is not in a court order you should get a lawyer and have it entered as an order. Child support is based on YOUR income and may or may not change when you address this. Typically they give one person more custody by granting them as the person with the exclusive right to designate the primary residence of the children.Standard TX visitation within 100 miles weekends will typically alternate, typically the parent without physical possession will be given certain weekday guidelines.Holidays are split as fairly as possible. Fathers day weekend would always be yours. Many times provisions are made for you to get a few hours on their birthday since you do not have physical custody.Texas is very much set up as a good ol boy system and you cannot get much done without a lawyer. I advise that you seek representation and get the ball rolling. As long as the parenting plan that you present is fair your ex may likely agree to it and if she doesn’t the court will likely override her wishes.EDIT: I forgot to address the child wanting to move. If one of the children moves in with you then child support would likely change. This does NOT mean child support will stop for sure. If you make considerably more than her, or if she does not work, even though you each have one child you will still be responsible for child support. My husband is in this boat, we have one, she has the other and he still pays a large sum for child support (there are no arrears). If she makes more than you then the roles are reversed.