25th Jan 26 8:58 am
JamieAs a parent, you want your children to be safe. When one parent has an alcohol or substance abuse problem, there are always genuine concerns about the children’s safety with them. As the sober parent, you might be considering going to court to restrict the addicted parent’s rights. As a parent struggling with addiction, you might know that you present a danger to your children, but you still love them and want to be a part of their lives. That love might even be enough to push you toward recovery.
For both parents, the situation begs the question: Do recovering addicts have parental rights in Colorado? What if they relapse? An experienced child custody attorney at Colorado Divorce Law Group may be able to answer all these questions and more. Call (720) 593-6442 to schedule a consultation and learn more about your rights as a parent, whether you are the sober or recovering parent.
Addiction and recovery are incredibly complex issues, especially when they intersect with being a parent. When it comes to understanding how addiction and recovery affect parental rights, it is imperative to have a medical and legal perspective of what these terms mean, rather than the more emotionally charged personal perspective people often have because of the impact that addiction has had on their lives and the lives of their children.
The Cleveland Clinic defines addiction as a chronic condition that causes the individual to compulsively seek out and take a substance or engage in an activity despite the harmful consequences it brings them. Addiction is a disease, as the individual’s brain chemistry changes as a result of addiction. The chronic nature of addiction means that it is a lifelong disease, which means the individual still has the disease even if they are in recovery and no longer using the addictive substance or engaging in the activity. People most often think of drugs or alcohol when thinking of addiction, and these are the most common addictions. However, people can also be addicted to other things, such as gambling, sex, or even food. Adrenaline, a hormone, can also be addictive, causing people to seek out even more extreme and dangerous activities to satisfy the addiction.
There are four core elements of addiction. These elements are:
Understanding how addiction can impact a person’s psyche can help clarify how addiction affects parental rights.
Addiction to a substance is so strong that many people often struggle to get sober, despite desperately wanting to stop using the addictive substance. They may join support groups, go to inpatient rehabilitation programs, and take other steps to stop using the addictive substance, only to begin using it again because the urge is so strong. Sometimes, they may go for weeks or months without using the substance before relapsing. This can make it difficult for a parent or court to determine whether the individual is truly in recovery and whether the children might be safe in their care.
The Substance Abuse and Mental Health Services Administration (SAMHSA) has created a working definition of recovery from substance abuse disorders, or addiction, that can provide some clarity around whether a parent is still dealing with active addiction or is a recovering addict. This definition indicates recovery is a process of change through which people improve their health and wellness, live a life they direct themselves, and make great efforts to live up to their full potential. SAMHSA has also identified four core life dimensions that can be considered in determining if someone is in recovery:
There are many helpful paths to recovery, but each individual has their own journey.
Parental rights and addiction are complicated, and there is no simple yes or no answer when questioning whether addiction is grounds to lose those rights. C.R.S § 14-10-129 allows parents to request a restriction on parenting time or a change to an existing custody arrangement if they can prove that the existing arrangement poses imminent emotional or physical danger to the children. However, this does not necessarily terminate a parent’s rights.
Among other grounds, the court may terminate a parent’s rights if they are deemed to be unfit. One of the reasons a parent may be considered unfit is substance abuse. This means that while addiction is not automatically grounds for a parent to lose their rights to their children, there are circumstances in which it can result in the loss of those rights. Parents who are concerned about losing their rights or who wish to have the other parent’s rights terminated due to active addiction may want to speak with an experienced child custody attorney at Colorado Divorce Law Group to learn more about their rights, options, and obligations.
Parents struggling with addiction retain the right to have a relationship with their children. However, the court can restrict parenting time, visitation, or the overall custody arrangement to protect the children if necessary. The severity of a parent’s addiction and their efforts and progress toward recovery play a significant role in court decisions regarding child custody and parental rights.
When discussing a parent’s rights, it is crucial to distinguish between custody and parental rights. Custody rights mean the right to make decisions and physically care for the child. Parents may have legal custody, which is the right to make decisions, or physical custody, which is the right to spend time with their child, either as visitation or with the child living part-time in their home. Both legal and physical custody can be sole, which means one parent has the right alone, or joint, which means both parents have equal rights. These are the rights most frequently restricted or terminated when a parent is dealing with addiction.
Parental rights are the right to have involvement and connection. Parental rights mean that even if one parent has sole legal and sole physical custody, the other parent still has the right to remain connected to their child. For example, even if they do not have visitation rights, they may still be able to write letters, call or text their child, or connect with them through social media or emails. Parental rights may be terminated in severe cases of substance abuse if the parent has shown that recovery is extremely unlikely, or if they have physically or emotionally endangered the child in the past as a result of the addiction.
When determining what rights a parent may have when they have a substance abuse disorder, it is critical to be clear about whether the discussion is about the rights they have as someone with an active addiction or as a recovering addict. Someone who is still struggling with active addiction may have significantly fewer rights than someone in recovery because the active addiction may present a danger to the children. Recovering addicts are less likely to endanger their children and can thus have more rights. However, most parents in recovery will have to prove to the court that they are in recovery before their rights will be restored.
Sometimes, a parent loses their parental rights because the court deems them unfit due to substance abuse. Other times, a parent who is in active addiction may choose to give up their rights, knowing that they are not the best thing for their children at that time. However, if they can overcome the addiction and become sober, they often want to have those rights back.
While there is no guarantee that recovering addicts will get their rights back, C.R.S. § 19-3-612 does provide that under certain circumstances, if the child has not been adopted and the parent has remedied the circumstances leading to the termination of their parental rights, those rights may be reinstated if it is in the best interests of the child. However, this is not a certainty, so any parent considering voluntarily giving up their rights should carefully consider their decision and perhaps consult with an attorney to ensure they thoroughly understand the implications.
When a parent is in recovery and wants to develop or improve their relationship with their child, the other parent may be understandably hesitant. They may even insist on going through the court system to have a judge decide whether the recovering parent can have visitation, custody, or even speak with the children on the phone. Therefore, parents in recovery should be prepared to prove to the other parent and the court that they are sober and prepared to responsibly and lovingly take care of their child.
Some of the things a parent can do to prove this include:
Focusing on the child and continuing to demonstrate a commitment to the child’s well-being with positive, consistent interactions can help enforce parental rights, even if they are fewer or less frequent than the parent would like.
Being a parent is not easy, even under the best circumstances. Parenting while struggling with addiction is even harder. Addiction can damage and destroy relationships and put a parent’s rights at risk. Fortunately, recovering addicts may be able to retain or regain their parental rights. With the assistance of a child custody attorney at Colorado Divorce Law Group, a recovering parent may be able to prove to the court and their child’s other parent that they are sober and prepared to commit to putting their child first again. Call (720) 593-6442 to schedule a consultation and learn more about what parents in recovery can do to maintain or rebuild relationships with their children.
