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Documenting substance abuse for custody litigation

During custody proceedings, the focus is usually on what is best for the children. Judges typically try to give both parents an opportunity to spend time with the children and make decisions about their upbringing. For most families, two actively involved parents is the best outcome when parents separate.

However, there are special circumstances that make shared custody dangerous or potentially damaging for the children and the family. If one parent struggles with substance abuse, leaving the children alone in their care could be risky. Concerned parents need evidence if they want the courts to consider addiction when allocating parental rights and responsibilities.

How do parents prove substance abuse claims?

There are many resources that can support allegations of substance abuse by a parent. What people post on social media can prove helpful. Financial records can also help prove that a noteworthy portion of the household budget goes toward alcohol purchases at bars or grocery stores.

Criminal records related to drug possession or impaired driving can support allegations that a parent puts their addiction ahead of their children’s needs. Parents can also keep written records of what they experience in the home or record videos of a spouse while they are clearly under the influence. Those afraid to leave their children alone with an addicted parent may need to gather evidence to convince the courts that their concerns are legitimate.

If there is reason to believe that a parent’s addiction could undermine their ability to provide for their children, then a judge may reduce how much parental authority and parenting time they allocate to that adult. Understanding the process involved in contested child custody proceedings can help parents advocate for their children more effectively.