How Will Your Ex-Partner's Drug Use Affect Your Child Custody Case?

Going through a child custody case can be very difficult. Usually, both parents want the custody agreement to be written in their favor. If your ex-partner has a history of drug use, you may feel particularly strongly that they should not be awarded full, or even partial, custody if the child you have together. However, getting custody withheld from this individual may be harder than you assume. Here's a closer look at how drug use can impact child custody cases.

Past drug use may not be a major issue.

Did your partner use drugs in the past? You might be concerned about them having custody for fear that they will start using again. However, the court will not automatically withhold custody because of past drug use. If your partner can show that they have been clean for some time and that they are currently making an effort to stay clean -- such as attending AA meetings or seeing a therapist — the court will usually consider them "in recovery." There may be provisions put in the custody agreement, such as the condition that partial custody will be taken away if the parent is ever charged with a drug-related crime, but that's about it.

Current drug use will require proof.

You might be entirely sure that your ex-partner is using drugs, but unless you have proof, the court may not react in your favor. Your child custody lawyer can work with you to find this "proof" of drug use. Text messages to a dealer, photos of your ex-partner using drugs, and statements from other witnesses who have seen your ex using drugs can be helpful. If the court finds your claims believable, they will probably issue a drug test. If it comes back positive for banned substances, the custody agreement will probably be written in your favor. If it comes back negative, however, you may be stuck having to share custody.

Different drugs will elicit different reactions.

A few decades ago, evidence of any drug use would have been enough to pull custody from that parent. Today, however, attitudes are a bit more lax towards drug use. Marijuana, for instance, is now legal in some states (although still illegal at the federal level), so evidence of marijuana use may not convince some judges to withhold custody. Use of harder drugs, like heroin or cocaine, may elicit a more serious reaction from the courts.

Speak to your child custody attorney about any concerns you have regarding your ex-partner's drug use. They can advise you as to the best way to proceed.