Addiction as a Factor in Determining Custody

Alcohol and/or drug addiction is fairly common in our society and, moreover, addiction can significantly influence a court’s custody orders. In custody cases, issues of alcohol and drug addiction may arise.

In making custody orders, the Court will look at a child’s best interests, which includes the Court reviewing claims of habitual alcohol and drug abuse. However, before the court considers allegations of alcohol or drug abuse, the Court has discretion to require corroborating evidence. This could include police reports, reports from rehabilitation clinics, criminal convictions, probations reports, and/or drug test results.

Whether you are the parent that believes the other parents is suffering from drug and/or alcohol addiction or whether you are the parent being accused of an addiction problem, it is important that you consult with an experienced family law attorney. There are steps that you can take to protect your parental rights.

In addition to alcohol and drug addiction, sex and pornography addiction is an increasingly common issue raised in custody proceedings. The courts’ views on sex and/or pornography addiction varies drastically. As such, it is important to discuss any concerns about the effect of sex and/or pornography addiction on your custody case with an experienced family law attorney.

The attorneys at Aeschleman Law have the experience and knowledge to guide you through a custody case where addiction is an issue.

Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form on the bottom of this site.