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.