Substance Abuse and Divorce: Kick the Habit or Lose Time with Your Kids

Dallas family law attorney Alissa Castro discusses the role substance abuse plays in divorce and how using alcohol and drugs can jeopardize child custody, visitation and possession in Texas. Abuse of alcohol and drugs – including prescription drugs – is one of the biggest reasons marriages fall apart. As Bloomberg.com recently reported,13.7 percent of women and 5.2 percent of men cited drinking or drug use as a reason for getting divorced in a Journal of Family Issues survey. How substance abuse affects divorce settlements, when children are NOT involved In general, for people who are married and don’t have children, substance abuse usually has a minimal impact on divorce settlements in Texas. However, it could lead to fault grounds for divorce such as cruelty, depending on what happened and how the substance abuse impacted the marriage. When it comes to addictive traits, the court may award a disproportionate amount of the couple’s estate to the non-addict party based upon the conduct of the addict during the marriage. If the addict was secretly gambling away the couple’s money or spending money on drugs or alcohol, this behavior could also lead to a claim of fraud or waste in the divorce. However, the family courts in Texas counties are typically sensitive to the fact that addiction is a disease and that people usually don’t set out to become addicts. Still, the courts consider all of these factors and determine awards of marital property on a case-by-case basis. How substance abuse affects child custody, visitation and possession in Texas When children are involved, the courts take substance abuse very seriously. The Texas Family Code Section 105.001 clearly states that the court has the ability to make orders to ensure the safety and welfare of children during a divorce. To help protect kids from a parent who abuses drugs or alcohol, a graduated possession schedule or other restrictions can be put in place to provide a safe, stable and nonviolent environment for a child. These graduated schedules occur in multiple phases and may include: Supervised possession. During this phase, all visits with the children are supervised by a court-appointed supervisor or person agreed-upon by the parties. The court may also order that the party abstain from drinking 8 hours prior to and during possession, attend 90 meetings (Alcoholics Anonymous, Narcotics Anonymous, etc.) in 90 days and submit to alcohol and/or drug tests. Expanded possession time. Once the 90-day requirement (or other specified milestone) is met, or the Court believes the party has been able to stay clean and sober for a set period of time, the parent may be awarded more supervised possession time. Proof of regular meeting attendance (usually at least weekly) and random sobriety tests are normally required during this phase. Unsupervised possession. After abiding by certain requirements for a set period of time, parents may eventually graduate to unsupervised possession. However, if he or she relapses, it is likely that the parent will have supervised or other restrictions to their possession or access of the child. Rules and requirements vary based on the individual and are determined on a case-by-case basis. FYI, smoking pot is a big no-no when it comes to child custody and visitation in Texas It’s important to note that even though many states have decriminalized the use of marijuana, Texas is NOT one of those states. When consumption of any illegal drugs has occurred in recent months, there will likely be orders against it – if the parent wants access to his or her kids. Even if you personally believe it’s OK to use marijuana recreationally,...

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