21st Sep 25 8:40 am
JamieWhile receiving a divorce decree and ending the lengthy divorce process can feel final and freeing, this event is not necessarily the end of the story. Particularly when there are minor children involved in the divorce, it is not uncommon for parents to adjust to a new co-parenting dynamic. In this new phase of life, ongoing custody agreements are often key to maintaining a healthy balance and boundaries between parents. These parenting schedules are often part of the marriage settlement or divorce decree itself.
However, what if one parent relapses into a drug addiction? Substance abuse, often called substance use disorder, is a prevalent thread in many divorce and child custody cases. Due to the effect a substance abuse issue can have on a parent’s ability to take care of a child, substance abuse often has a significant impact on custody agreements. A drug relapse could jeopardize the drug addicted spouse’s custody agreement and may provide grounds for the opposite spouse to file for a modification of a custody order.
To learn more about how a drug relapse could impact custody agreements, speak with a skilled child custody attorney from Colorado Divorce Law Group. Consider scheduling a free consultation today by calling the office at (720) 593-6442 for details.
Ongoing custody agreements in Colorado are generally called parenting time schedules. In Colorado divorces, unless one parent is awarded sole custody, a divorce decree with involve a parenting schedule. This schedule will be determined according to the best interests of the child, and will generally feature time split between both parents as well as parental rights. The amount of time the child spends with each parent may vary depending on the particulars of the divorce case. If one parent is found to be unfit to provide a safe and loving environment for the child, they may have reduced parenting time. As such, a drug relapse or substance addiction could directly impact the amount of parenting time awarded to an individual.
A substance abuse disorder can affect custody agreements in several different ways. However, there is no single conclusion that can be drawn from every substance abuse case. Sometimes, an individual with a history of substance abuse may be determined still fit to provide care and a safe environment for a child, provided they stay within certain guidelines. Other times, a drug relapse could wreak havoc on an individual’s capability to raise a child. This may damage an individual’s chances at more favorable custody agreements. This is why understanding the nuance of how substance abuse and drug relapses can impact child custody is so important.
To understand how a drug relapse can impact ongoing custody agreements, one must first understand how Colorado courts make decisions for child custody. Courts in Colorado prioritize the well-being and protection of children when making family law rulings. While parents often have strong opinions about how child custody decisions should be made, emotions and ingrained biases may affect their judgment. Since minor children generally are unable to advocate for themselves or to properly express what may be in their best interests, the court prioritizes their needs to ensure their safety and flourishing.
For more information on how child custody agreements are determined, consider speaking to a skilled child custody attorney from Colorado Divorce Law Group.
Revocation of parenting time rights is possible due to a drug relapse, but this is not guaranteed, nor is it the only possible outcome of substance abuse on a child custody agreement. Substance abuse can affect both the addicted parent’s parenting time but also their decision-making power in the child’s life. A drug relapse could mean that the parent has less authority over decisions in the child’s life. The addicted parent could also see their parenting time reduced, or temporarily reduced, on the condition that they work towards sobriety. This is a common strategy in drug relapse cases, as the intent of the courts is generally not to separate families, especially when the addicted parent is moving towards sobriety. Reunification is important to the Colorado Judicial Branch, and reduced parenting time may be coupled with a rehabilitation plan so that the substance-abusing parent can recover and resume their role in the child’s life.
One of the nuances of ongoing custody agreements is that they are not set in stone. For several reasons, an individual could request a modification of the custody agreement. This modification could be to better reflect changing needs and dynamics in co-parenting, but it could also arise due to safety concerns or the quality of care that an individual can provide.
If an individual’s ex-spouse has a substance abuse issue, they may be interested in petitioning for a modification of a child support order, particularly if there are concerns for the child’s safety and well-being. In extreme cases, the courts may remove the child from the situation while custody decisions are being made. Either way, if a spouse experiences a drug relapse, it may provide grounds for a modification of a child support order. However, the actual details of the modification may depend on the individual’s relationship and history with drugs and alcohol, their ability to care for the child, and their willingness to comply with rehabilitation programs.
Drug relapses can have a significant impact on child custody agreements, even if those agreements are already established by marriage settlement or divorce decree. Substance abuse is often a contributing factor to divorce in the first place, and often renders individuals unable to properly take care of those they are responsible for. If a parent is rendered unable to provide a safe and healthy home for their child due to a substance use disorder, custody agreements may be modified to reflect what is best for the child. Substance abuse is also often associated with other issues, such as verbal or physical abuse, according to the National Institutes of Health, which may lead to courts revoking custody rights.
However, legal issues such as this often have different outcomes based on the specific circumstances. A skilled Colorado child custody lawyer from Colorado Divorce Law Group may be able to clarify the legal nuances and help evaluate a child custody case. Call today to schedule a free consultation with an attorney at (720) 593-6442.
