Proving alcoholism in your child custody modifications

On Behalf of | Mar 25, 2022 | Child Custody

Divorce is a stressful time, especially when it involves children where you, your spouse and Massachusetts courts may have different positions on what is in their best interest. After the divorce finalizations, your job as a parent continues. What happens if you find out your ex has fallen off the wagon and you fear for the best interests of your children once again?

Addiction Blog breaks down the complicated and delicate nature of child custody combined with parental addiction or substance abuse. They also point out four types of evidence that may help prove a substance use disorder.

Drug tests

During a divorce or custody modification, it is not the norm to request drug tests from either parent. You may, however, request the court to order one. This may require a test of your own and the courts may wish to see other evidence to justify the request.

Witness testimony and recorded history

If you witnessed your ex’s alcohol use in front of your children, the courts may enter that as evidence. Other relevant documents include past DUI charges.

Direct evidence

If proven legitimate, any video, picture or social media post of your ex engaging or admitting to engaging with substance use may provide evidence enough.

Strategies moving forward

Alcohol is a legal substance, but its abuse may lead to harmful consequences to the abuser or those around them. Once proven, it is up to the courts to determine whether the substance abuse in question is a significant threat to your children and their best interests. In this emotional time, it is important to have a steady presence to help you navigate through the sensitive topic and the complex process of modifying child custody arrangements.