How Does Substance Abuse Affect Child Custody?

How Does Substance Abuse Affect Child Custody?

When a couple with children gets divorced, child custody is the most important matter they will have to determine. Read on to learn more about how custody is determined in New York and what to do in the event that you lose custody.

How is Custody Determined in New York?

In New York, courts believe that a child benefits greatly from having a relationship with both parents and they will work to make that happen. Unfortunately, this is not always possible. In some cases, a parent will be deemed unfit, and the fit parent will be awarded sole custody. If you are deemed unfit, you will likely still have visitation rights and will be able to maintain a relationship with your child. In order to make a decision about custody, a New York judge will examine some of the following factors:

  • The bond you have with your child
  • Whether you will be financially capable of supporting your child
  • Whether you can provide your child with a safe and stable home
  • Whether you can emotionally support your child
  • Whether your child has any special needs
  • What your child’s schedule is, and whether he/she is involved in any extra-curricular activities
  • How close in proximity you live to the child’s other parent
  • If your child is old enough, whether he or she has a preference

How Does Substance Abuse Affect Child Custody?

A parent struggling with substance abuse can have a major impact on a child. As a result, if you are struggling with sobriety, you may lose custody. While this can be devastating, it does not have to be permanent. As stated above, New York courts will work to ensure that a child has some form of a relationship with both parents. If you have lost custody, it is for a serious reason. In order to regain custody, you will have to prove that the reason you lost custody has been resolved. For example, in the case of substance abuse, you may have to enroll in an addiction program. It is important to work with an experienced and dedicated family law attorney throughout this process.

If you have any questions or concerns about the custody process, reach out to our firm today.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

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