Substance Abuse In Family Law

                  It’s an unfortunate reality that substance abuse and addiction play a paramount role in the demise of families and relationships.  Addiction causes people to do things they wouldn’t otherwise do, and behave in ways they otherwise would not. Often, when those with harmful addictions recover, relationships can begin to mend, and families can begin to heal. Unfortunately, many addictions do not have happy outcomes. In Missouri divorce and child custody cases, courts take evidence of drug and alcohol abuse very seriously, even more so when children are involved in the equation. When one or both parents struggle with substance abuse, there can be serious consequences with regard to the Court’s decisions regarding child custody and other matters. When it comes to child custody, Missouri Courts adhere to the principle, to do whatever is in the best interests of the child.

                  Substance abuse disorders are much more common than one might believe.  In a study cited by the National Center for Drug Abuse Statistics, over 20% of Americans who consume alcohol have an alcohol use disorder, and over 25% of those who engage in the use of illicit drugs are considered to have a drug use disorder.  While drug and alcohol use are by far the most common types of addictions seen in family law cases, other problematic addictions include sexually compulsive behaviors and gambling. Studies show that a child who lives with a parent who is addicted to alcohol or drugs has a much greater chance of struggling with emotions, behaviors and their own substance use disorders, than a child who does not grow up in such a situation.

     When evaluating divorce and child custody matters, Missouri Courts will look to a number of difference types of evidence to determine what custody and parenting time plans are in the best interests of the children. The types of evidence relied on includes, among others, the following:

1.        Criminal histories and police reports, especially for DWI’s and drug offenses.

2.        Medical records, including substance abuse treatment histories.

3.        Alcohol and drug monitoring systems. ie Soberlink or urinalysis.

4.        Witness accounts of those close to the situation.

5.        Failure to exercise visitation or other behavior inconsistent with effective parenting.

It is very common for the Court to order one or both parties to undergo alcohol or drug monitoring programs as a condition of visitation or custody.  One of the most common testing systems used in family law cases is the Soberlink alcohol testing system. Soberlink is a remote monitoring system used to measure blood alcohol content. It utilizes a remote breathalyzer system with facial recognition and tamper detection. For other drug addictions, subjects are usually ordered to regularly randomly appear at drug testing centers for urinalysis to monitor compliance with orders not to engage in illegal drug use.

The most common treatment for those with severe addictions involves attending a treatment center or rehabilitation center “rehab”.  Addiction treatment centers focus on two main components, detoxification and rehabilitation.  In severe alcoholics or those addicted to other drugs, the strong physiologic dependency makes it nearly impossible, and possibly dangerous, to quit the substance “cold turkey” without medical intervention. In “detox” trained medical professionals use medications and other means to ease the physiological withdraw symptoms as the patient comes off the drug or alcohol. Once the physical withdraw symptoms dissipate, the patient continues into the rehabilitation phase which typically consists of individual counselling, self-study and group work.

Alcoholics Anonymous, “AA”.  Hello my name is _______, I’m an alcoholic. AA is an independent, self-funded organization spanning over 85 years with millions of members around the globe. The principles of AA come down to believing in a higher power and incorporating spiritual life to alleviate the alcoholic’s feelings they need to control everything.  The need to control usually comes from fear, and it creates significant anxiety in the alcoholic’s life, causing them to seek alcohol to temporarily alleviate that anxiety.  Experienced members of alcoholics anonymous often visit addiction treatment centers to conduct AA meetings to introduce their philosophy to newcomers.

If you are struggling with alcohol or drug addiction, while its cliché, admitting you have a problem is the first step. This sounds simple but many people never admit they have a problem and continue to believe they can handle the situation without outside help. Addiction issues are very common and many people do get better, whether it’s through treatment centers, counselling, medications, or 12-step programs like Alcoholics Anonymous or Narcotics Anonymous. Attorney Robert Davis at the Men’s Center for Domestic Resolution has represented clients in divorce and child custody situations where substance abuse is a significant issue.

Although recent research suggests people are drinking less alcohol in the U.S., addiction issues in family law cases are unlikely to go away anytime soon.  It’s important to recognize the issues and deal with them before the consequences become too severe.  There is no shortage of families who have healed following a parent’s recovery from addiction. If you are a man with a substance abuse issue facing divorce or child custody matters, or your child’s mother suffers from substance abuse, attorney Robert Davis at www.kcmensdivorce.com can help guide you through the legal process to ensure an outcome that is in the best interests of your child or children.