One issue that often arises in the divorce process is that a parent may have an addiction to alcohol or drugs. This can affect that parent’s ability to have access to their children due to safety concerns for the children by the parent that is impaired.
Court’s Reaction to Parent’s Addiction Problem
If you have an alcohol or drug addiction problem, the court will likely grant the other parent’s request for an emergency temporary restraining order. This type of relief asks that the court to only allow you supervised visits with your children.
This means that you will only be able to visit your children if you are supervised by a family member or paid supervisor approved by the court. You will absolutely not be granted full custody of your children. The other parent will become the primary conservator because the safety of the children is the primary concern of the court.
How to Regain Unsupervised Access to Your Children
Judges want to see that you recognize you have a problem and that you are getting help. This means you need to show proof that you are either in Narcotics Anonymous or Alcoholics Anonymous. Checking into rehab and utilizing resources to help you stay sober will help show the court you are serious about remaining sober.
Once you show that you have been consistently sober, and have resources in place to address any concerns, a Judge will be more likely to move you back up to a possession schedule that does not require supervision.
The bottom line is that if you do not get help, you will have issues with the court and may be deprived of meaningful time with your children. If you do get help, the courts will look more favorably on you and your addiction problem and note that you are trying to be a better parent to your children.
Resources Available for Addiction Problems
There are resources for those looking for help. Some of those are:
A free North Texas Overdose Awareness Day will be held on the lawn at the Denton County Courthouse on the Square on August 31, 2022. Our law firm, Martinez Legal P.C., is participating. Find us there so we can answer your questions.
If your problem is with alcohol, here is information that will help you find a local Alcoholics Anonymous (AA) meeting near you. If your problem is with drugs, you can go to this site to find a Narcotics Anonymous (NA) meeting in your area.
For answers to your questions about the impact of addiction on your divorce, whether you are the spouse with the addiction problem or the spouse who is trying to deal with an addicted spouse, call or contact us at Martinez Legal, P.C. You may also call us at 940-242-2433 to schedule a consultation.
As a founding partner of Martinez Legal P.C., Marci B. Martinez works with clients regarding their family law needs. She has extensive court experience, handling cases involving divorce, estate planning, adoptions, premarital agreements and private mediation for clients in Denton, the Dallas Metroplex and across Texas.
Ms. Martinez received her Bachelor of Science in human resource management from Arizona State University in 2002, Magna Cum Laude.
She earned her Juris Doctor from the Sandra Day O’Connor College of Law at Arizona State University in 2005. At law school, she was an Editor for the Arizona State Law Journal and the executive officer of the Christian Legal Society.
