How Alcohol and Drug Use Affects Custody Decisions
Going through a divorce can be both physically and mentally exhausting for anyone. Custody of children tends to be one of the most difficult parts to decide on. All child custody lawyers for fathers can reveal that when alcohol and drugs come into the picture, it can change everything.
A judge is always looking for what’s in the best interest of the children in every single child custody case. Child custody lawyers for single mothers will do their best to present their case for why their client is the most suitable choice for full-custody of the children. Part of proving this suitability may be presenting the fact that their former spouse has an ongoing issue with addiction to drugs or alcohol.
Understanding Child Custody
Traditionally, child custody Attorneys Ontario have been viewed as painting a black and white picture of custody. Most people believe that one parent gets full-custody of a child while the other parent gets child visitation rights. This is no longer becoming the norm. In fact, judges across the nation are trying to be more inclusive with their custody decisions when a child’s parents get divorced or separated.
It’s believed by many child custody Attorneys Ontario, that having both parents involved in a child’s life produces better outcomes. These are better outcomes for the child and the parents alike. For this reason, there is a big shift in the terms that are used in child custody cases. Instead of using terms like child visitation rights, lawyers and judges are using the words parenting time and parental responsibilities.
Legal Vs. Physical Custody
Child custody lawyers for fathers can reveal that there are two types of custody that are typically considered in these types of cases. These include legal custody and physical custody. Physical custody is the easiest to understand. This term refers to where the child will reside. If their father has physical custody, then the child will reside with their father and visa versa.
Legal custody, on the other hand, requires a more in-depth explanation. Legal custody involves the legal right to make parenting decisions regarding the child. These will be decisions like their education, religion, and non-emergency medical issues. Both parents may be awarded legal custody, while one parent may be rewarded physical custody.
How Substance Abuse Plays A Role In Custody Decisions
Any family lawyer Ontario can reveal that drugs and alcohol play a big role in custody-related decisions. When it comes to abuse, this means that the parent has an ongoing addiction that hinders their ability to make sound judgments regarding their children. Regularly indulging in a small amount of alcohol on the weekends or weeknights doesn’t classify as ongoing addiction or abuse.
Child custody lawyers for single mothers are there to help mothers understand how to prove their case that their former spouse has a drug or alcohol addiction. In most cases, these custody cases come down to ‘he said, she said’. Only with the help of an experienced family lawyer Ontario can you work to prove that the other party has an ongoing addiction that hinders their ability to properly care for your children.
