Many adults in the U.S. struggle with substance abuse, and California is no exception to this. While substance abuse affects victims in a variety of different ways, many overlook the potential of it ffecting child custody matters.

When an allegation of substance abuse is made in or during a child custody case, a judge takes this into consideration and further investigates the issue. His or her focus is on determining whether a parent’s ability to care for their child will be impaired by their substance abuse, and often looks at factors such as past history of abuse and general fitness to parent effectively, to make a decision.

In addition, cases where child custody has been determined and granted could warrant another inspection if a later allegation is made. The ramifications for evidence of substance abuse or exposure of minors to an illegal substance can result in modification of the terms, and parents could outright lose custody of their children in serious cases. Other penalties could include mandated drug counseling classes and additional stipulations.

When an allegation is made, the burden of proof is usually on the parent who is raising the claim. Regardless of the specifics of your situation, it is imperative that you consult with a qualified divorce and family law attorney if you have any questions or concerns with substance abuse and child custody, or any other family law matters in general.

To learn more, and to speak to a qualified family law and divorce attorney, call us at at Rubin & Levavi, P.C. to schedule an initial consultation session today