When going through a divorce or separation, one of the most worrying circumstances parents can face is child custody. In Michigan, family courts consider the best interests of the child to decide which parent can offer safety and stability. Judges will look at numerous factors to make this decision, including any behavioral health issues that parents may face.
Alcohol misuse is a common problem and one that can impact child custody orders. Here’s a closer look at how substance misuse can affect these legal procedures.
How Courts Make Child Custody Decisions in Michigan
In Michigan, judges rely on the best interests of the child standard. This is a legal rule that evaluates the emotional ties, overall life stability, and material needs of the child across 12 factors. Judges may weigh any of the following:
- The love and affection between the parents and the child
- The capacity of the people involved to provide affection and love to the child
- The capacity of the people involved to provide the child with food, clothing, and remedial or medical care
- How long the child has lived in a stable and safe environment and the desirability of continuing to do so
- The permanence of the custodial home
- The moral fitness of the parties involved
- The physical and mental health of those involved
- The child’s community, home, and school
- The child’s reasonable preference
- The ability and willingness of each party to continue encouraging a close relationship between the other parent and the child
- Any instances of domestic violence
- Any other factor the judge sees as relevant
A substance use problem can raise concerns about the parent’s ability to maintain a stable and safe environment. Alcohol misuse can impact whether a parent can provide consistent care and ensure the safety of their children.
For example, they may not be able to maintain a stable home or ensure proper supervision and caregiving. A judge may worry about the parent’s ability to take the child to school, activities, and medical appointments.
Evidence Required to Prove Alcohol Misuse in Custody Cases
If there are concerns about substance misuse, the other parent will have to present numerous types of evidence to assert this. Some of the most common types of evidence include:
- Medical or rehabilitation records
- Testimony from family members or other witnesses
- Positive drug or alcohol tests
- Criminal records related to substance misuse
- Social media posts or messages indicating substance misuse
During custody disputes, judges can order random alcohol screenings and remote breathalyzer testing.
A common issue people who previously had substance use disorders but are now sober face is whether past behaviors will impact their current custody rights. The answer will depend on numerous factors, including how long ago the substance misuse occurred.
Isolated or past use that has been addressed via recovery programs will typically be seen very differently from untreated and ongoing addiction. Showing a long-term commitment to rehabilitation and sobriety can be essential, as judges may view that commitment favorably.
Another factor that can make a difference is if the parent has ever been aggressive with the child or caused them harm when they were under the influence of alcohol. If neglect or harm occurred, then the court will focus on keeping the child safe, even if the parent is currently sober.
Potential Custody and Visitation Consequences of Alcohol Misuse
A parent who is found to have an alcohol misuse problem can experience serious consequences related to custody. If the court decides that the substance use impairs the parent’s ability to care for their child, it could limit their custody rights. The court may award full custody to the other parent or reduce parenting time.
If the substance use poses a potential risk to the child, the parent may have to participate in supervised parenting time. The parent might only be able to visit their child under the supervision of a third party or in a controlled setting.
To maintain or regain custody rights, the parent could need to undergo ongoing drug testing, complete a rehabilitation program, and even regularly attend support group meetings.
Parents going through recovery can also face graduated custody. The process begins with the parent having limited and supervised time with the child. As they progress in their recovery program, they can work up to unsupervised time and even joint custody arrangements.
In the most extreme cases, a parent with ongoing or severe alcohol misuse issues can face the termination of their parental rights. That will end the legal relationship between the child and the parent.
How to Protect Your Parental Rights
If you are going through a divorce or separation and you have or have had an alcohol misuse problem, there are steps you can take to protect your parental rights. One of these is to enter treatment. Participating in a rehab program and making it a point to attend support meetings can go a long way toward showing the court that you are making changes.
Keep all records of your counseling sessions, as well as of your alcohol and drug test results. Your spouse may voice doubt as to whether you’re focused on recovering, so this type of evidence can prove what you claim.
Build a support network. Not only will you have people ready to help you if you find yourself struggling with cravings, but you can also have a group of people in your corner who may be willing to give statements on your behalf.
Importantly, make sure to follow all court orders. No matter what the court requires you to do, you should comply to demonstrate consistent and stable behavior.
Get the Trusted Guidance You Need for Your Custody Case
The custody process is never simple, but it can be even more difficult if you or the other parent has a substance use disorder. To keep your child safe and ensure fairness for all involved, it’s vital to have a dedicated attorney by your side.
At Gucciardo Family Law, we take the time to listen to your story and can provide the comprehensive, unwavering support you deserve as you navigate your family matters. Schedule a consultation with our compassionate team to get started today.
