If you are a parent who is currently struggling with addiction, you may be concerned about how this will play out during your custody hearings. To be sure, the courts will consider an ongoing addiction when awarding custody and parenting time to a parent. It is not, however, a permanent barrier to seeing your children. The courts will consider several factors when weighing their decisions. Ultimately, the best interests of the child are their paramount concern. In this article, the Indiana child custody lawyer, Chris Arrington, will discuss how the courts approach the matter of addiction when it comes to awarding child custody.

How do the courts approach addiction?

When addiction is untreated, it will raise concerns about the parent’s capacity to meet the child’s needs. The courts will consider whether the parent is actively seeking treatment for their addiction and making genuine progress toward sobriety. Parents with a current addiction may be prevented from seeing their children or require supervised visits. Access to the child may come with certain conditions. These conditions can include:

• Supervised parenting time – Supervised parenting time means that a third party will be there when you visit your child. The party can either be a close relative or someone appointed by the court. This is to ensure that the child is safe during the visit and the parent is on their best behavior. While no one likes being supervised while they’re interacting with their children, this condition ensures that the parent is acting in the child’s best interests. 
• Treatment goals – The courts will consider whether or not the parent is in treatment and reaching specific treatment goals. For example, they may have just undergone an intensive inpatient rehabilitation program for substance abuse. The court will also consider whether or not the parent is attending counseling and support groups for drug and alcohol addiction. A parent who demonstrates progress in these programs can establish that they are taking steps toward becoming a good parent. 
• Random drug and alcohol testing – The Indiana courts, if they are concerned with an ongoing addiction, can order the parent to undergo random drug and alcohol testing as part of the parenting arrangement. A positive test could lead to a restriction or a temporary suspension of their parenting time. 
• Gradual increases in parenting time – If a parent is in recovery, the court might initially limit their parenting time, but gradually increase it as they make steps on their journey toward sobriety. The court will expect the parent to demonstrate progress in counseling and remain sober. 

The bottom line is that the courts will not consider a past addiction as evidence of unfitness. They will consider a current addiction as evidence of unfitness. Parents who make progress in recovery can eventually get parenting time with their children. Ultimately, addiction is not a permanent barrier to parenting time. 

Talk to a Danville, Indiana, Child Custody Attorney Today

Chris Arrington represents the interests of Indiana residents who are attempting to establish custody of their children. If you are a parent with a prior or current addiction, we can help you show the court that you are ready to become a good parent. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.