According to the National Institutes of Health (NIH), approximately 6% of all divorces are caused by substance abuse issues. Even if substance abuse did not occur during marriage, the onset of divorce may cause enough emotional turbulence to trigger new addictions. While substance abuse can be challenging for spouses, children in divorce face notable hazards as their parents succumb to their addictions. How should a sober parent protect their children from an unstable, addicted ex-spouse? An experienced family law attorney in Colorado may be able to explore this question in greater detail. To continue this conversation, consider calling Colorado Family Law at (720) 744-3513.
How Does Substance Abuse Affect Children in Divorce?
Before assessing potential protective measures, parents should take a moment to consider how substance abuse might affect children in divorce. Once parents become aware of these consequences, they may find it easier to plan for a safe, efficient resolution.
When making decisions about child custody, family courts in Colorado attempt to serve the best interests of the child in question. Like other states, Colorado has outlined several factors it will consider when assessing these best interests. According to the Child Welfare Information Gateway, Colorado only removes a child from the custody of a parent if their welfare or safety is under threat. Substance abuse may threaten a child in numerous ways, and a parent with a dangerous addiction could lose custody of their children in divorce. Colorado family courts also consider the mental health of both parents during custody proceedings. Since substance abuse is a recognized mental health disorder, this may also affect the final decision of a family court judge. Substance abuse issues may cause a parent to lose custody in Colorado for various reasons.
Not All Addictions Endanger Children
Substance abuse issues do not inherently endanger children in divorce. Family courts will likely examine the specific circumstances of each addiction to determine whether it threatens the children in any way. According to the National Institute on Alcohol Abuse and Alcoholism (NIAA), consuming four or five drinks per day meets the definition of “alcoholism.” A parent may drink heavily each day, but they could still control their addiction enough to effectively care for their children. For example, a single mother might have four glasses of wine each night after putting her kids to sleep – and the children may not even be aware of her addiction. In cases like these, courts may determine that although a parent has a legitimate substance abuse problem, it does not endanger the children to a notable extent. As a result, the addiction may not affect the final custody decision.
On the other hand, some addictions clearly endanger children in divorce. If a single mother consumes four glasses of wine and then drives her kids to soccer practice, her alcoholism directly threatens their safety. A father addicted to illegal drugs may leave needles or pills scattered across his coffee table, within reach of his children. Some addicts resort to criminal behavior in order to fuel their addictions – even using their children as accomplices in some cases. Family courts will take an extremely dim view of these behaviors, and the loss of custody is likely.
Fighting for Sole Custody as a Protective Measure
A concerned parent may wish to fight for sole physical custody of their children as a protective measure against an addicted ex-spouse. Since family courts in Colorado consider substance abuse when approaching the question of child custody, highlighting these issues could help parents keep their children away from dangerous, addicted ex-spouses. However, this process could be challenging – and a concerned parent may need to prove that their ex has a substance abuse problem with a “preponderance of evidence.” Various evidence could be helpful in this scenario, including medical records, police reports, eyewitness testimony, photographs, recordings, and much more.
Simply proving the existence of an addiction may not be enough, and parents may also need to establish that this addiction threatens the children in some way. Remember, some drugs are now legal for recreational use in Colorado, including marijuana and psilocybin (magic mushrooms). This progressive approach to decriminalization could pose challenges for spouses fighting for custody, as parents accused of consuming these substances can simply argue that they were not breaking any laws. Attempt to gather evidence that these substances were kept within reach of children or consumed in a way that threatened their safety. Parents may wish to work with Colorado Family Law to gather effective evidence in this situation.
Protective Orders Against Addicted Parents
In Colorado, certain activities involving controlled substances in the presence of children constitute child abuse. According to the Child Welfare Information Gateway, child abuse can be defined as manufacturing or using certain controlled substances in the presence of a child. If a child under the supervision of a parent tests positive for a controlled substance, this may also constitute child abuse.
If this type of child abuse becomes clear, the other parent may pursue an emergency protective order in Colorado. After a hearing, a concerned parent may be able to secure a more permanent protection order. A protective order can force the abusive parent to stay away from the children and cease all communication with them. In addition, a protective order may force the abusive parent to move out of the family home. Note that this parent may still be required to make support payments to their family, and the other parent may decide to proceed with a divorce after gaining this type of legal protection.
Contact the Experienced Family Law Attorneys at Colorado Family Law
Parents may struggle to determine how to protect their children through online research alone. Each child has unique needs and priorities, and each family dynamic is different. This is especially true when spouses struggle with substance abuse, as addictions can take various forms. During an initial consultation, an experienced family law attorney in Colorado may be able to help parents take these varying factors into account. Numerous legal strategies could help protect children in divorce against the hazards of substance abuse. To discuss a potential action plan, consider contacting the experienced family law attorneys at Colorado Family Law at (720) 744-3513 to ensure your legal rights are protected.
