If you want custody of your children in a divorce case, you will need to battle things out with your spouse and his or her lawyer in court. The judge will then evaluate both side of the argument and determine what is in the best interests of the children concerned. In most cases, your children will be interviewed by a social worker so that the court can make the decision that is in their favor and safest for them. However, if you or your spouse is involved with drugs, then he or she will not be in the court’s favor.
In most cases, the drug use will be evaluated. If a spouse only used a less-damaging drug rarely in the past, it won’t be as large of a factor as a mother or father that is addicted to a narcotic like heroin or meth. In the case Worowski v. Worowski, a mother had a history of alcoholism, but was currently on the path to sobriety.
Because she was working towards this means, she was deemed a fit parent, compared to a 74-year-old father who had had no interaction with the children in the past. However, alcohol cases are often evaluated in a better light then drug cases are. If you have been incarcerated for illegal drug use, then chances are that the judge will not view you as a favorable parent.
Like many other factors, this drug and alcohol aspect of custody can make or break a child custody case. If you are innocent of drug and alcohol abuse, a spouse may even claim that you have used these substances in order to find his or himself in favor of the court. To make sure that you are given a fair shot in securing your children, you need a tenacious family lawyer who can prove your skills as a parent. At Meyers Law Group, we will try to do this for you. Contact us right now for more information.