Will a mom using drugs lose custody?

Frances Herman asked a question: Will a mom using drugs lose custody?
Asked By: Frances Herman
Date created: Sun, Feb 21, 2021 6:32 PM

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Video answer: How can a mother lose custody of her child?

How can a mother lose custody of her child?

Top best answers to the question «Will a mom using drugs lose custody»

When a parent is struggling with active drug addiction, they may be denied certain rights such as physical or legal custody. Usually, if a parent does not seek counseling or rehabilitation, they will lose the right to make decisions for their child because they could make decisions that are not in their best interest.

FAQ

Those who are looking for an answer to the question «Will a mom using drugs lose custody?» often ask the following questions:

❔ Can a parent lose custody for drugs?

Ultimately, the court wants to hear the truth. They don't care if you use drugs – they care if your drug or alcohol consumption affects your ability to parent. Ultimately, it's actually quite easy for a mother to lose custody of their child if they do the wrong thing.

❔ Will avoiding using drugs?

So, preventing early use of drugs or alcohol may go a long way in reducing these risks. As noted previously, early use of drugs increases a person's chances of becoming addicted. Remember, drugs change the brain—and this can lead to addiction and other serious problems.

❔ Child custody drugs?

In all 50 states, the best interest of the child standard is used to determine child custody. This standard takes each parent’s general fitness—including alcohol and/or drug use—into account. In addition, if there is a documented history of past substance abuse, the judge may consider a parent's actions during that time period, as well, before making a custody determination.

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10 other answers

But, during this time, the mom started using drugs again, and J.B. had moved in with the mother and the child again. The drug use and J.B. both were considered dangers to the child and both circumstances pushed for termination of the mother’s rights. Holley factor seven considers the stability of the home or proposed placement.

Child Custody and Loss of Parental Rights from Drug Abuse. By Travis Gray, J.D. An allegation of drug use can have a major impact on your parental rights, both during the divorce process as well as after the court enters a divorce decree. If you share custody of your children with your ex-spouse, the court may find that your use of drugs could ...

Parental drug abuse potentially impacts legal rights in three different areas: visitation, custody and parental rights, according to the American Bar Association Section of Family Law. Drug abuse by a parent potentially causes the loss of visitation, custody and even parental rights in the most serious of cases.

This standard takes each party's general parenting fitness—including alcohol and/or drug use—into account. In addition, if there is a documented history of past substance use, the judge may consider a parent's actions during that time period as well before making a custody determination.

According to LiveStrong, a severe substance abuse problem may result in the loss of parental rights. What you should do. First, if you are facing any criminal charges, you should enlist the help of a criminal defense lawyer. A good lawyer may be able to reduce or drop your charges. You may even be able to get expungements for past convictions.

If the answer to these is no, then it is an indication that someone else (i.e. the other parent) is the primary caretaker, not you. 3. Not addressing alcohol, drugs, or other parental fitness issues: A parent who even casually partakes in alcohol and/or drugs will have a problem winning custody.

Both legal custody and physical custody may be lost as a result of child abuse. Parenting time may be limited to supervised visitation or no visitation at all. A physically abusive parent may lose all contact with a child depending on the abuse's severity and frequency.

How Else can Drug Use Affect Custody Determination? When a parent uses drugs in front of a child or creates a situation in which the child is given easy access to drugs, then this behavior can result in jail time for that parent based on child endangerment laws.These laws make it a crime to endanger the life or well-being of a child based on an adult’s reckless conduct.

Physical abuse that can cause a mother to lose custody of her children may also extend to the father or other noncustodial parent. Physical abuse toward her ex, especially if he’s filed a restraining order against her, can reflect poorly on her abilities as a mother.

While being addicted to drugs is a valid ground to remove custody, recovering from a drug addiction after the children are removed may not have any bearing on the custody issue. Although, it would have bearing on whether you should have visitation.

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