How Substance Abuse Can Affect Child Custody and Divorce Settlements in Orange County
If you’re going through a divorce in Orange County and substance abuse is involved, you need to know how it could impact your case. California family courts take substance abuse seriously when it comes to deciding custody and property division.
When a parent has a drinking problem or uses drugs, courts will examine how this affects their ability to keep children safe. Regular and ongoing substance abuse by either parent can limit visitation time, require supervised visits, or even prevent custody altogether.
The courts don’t just look at illegal drugs. Abuse of alcohol, marijuana, and prescription medications can all meet the requirements for affecting custody decisions.
In California, judges must consider either parent’s “habitual or continual abuse” of alcohol or certain prescribed drugs, or the habitual or continual illegal use of certain drugs. This means the court has to look at substance abuse issues when deciding what’s best for your children.
Having a substance abuse problem doesn’t automatically mean you’ll lose your children. The court may impose severe restrictions and limitations on custody rights, visitation, and access to the child, but parents who seek treatment and show they’re getting help can often work toward getting more time with their kids.
Whether you’re trying to protect your children from a partner with addiction issues or you’re working to rebuild your relationship with your kids after getting sober, you need a lawyer who understands California family law. The team at RM Law Group LLP has helped families in Orange County handle these sensitive cases for years.
Don’t wait to get help. These cases move fast, and you need our Irvine child custody lawyers fighting for your rights from day one.
What Types of Substance Abuse Affect Custody Decisions in Orange County?
Orange County family courts consider many different types of substance abuse when making custody decisions. The law doesn’t just focus on illegal street drugs. Courts look at any substance use that could put children at risk.
Common substances that affect custody cases include:
- Alcohol abuse and drunk driving convictions
- Prescription drug misuse, including opioids and anxiety medications
- Marijuana use, even with a medical card, in some cases
- Illegal drugs like cocaine, methamphetamine, and heroin
- Over-the-counter medication abuse
The key factor isn’t whether the substance is legal or illegal. What matters is whether the parents’ use creates safety concerns for the children. A parent who drinks heavily every night poses just as much risk as someone using illegal drugs.
How California Courts Evaluate Substance Abuse in Custody Cases
When substance abuse allegations come up in an Irvine or Newport Beach family court, judges follow specific guidelines. California Family Code Section 3041.5 allows courts to order drug and alcohol testing when there’s evidence of habitual use.
The court looks at several factors when evaluating substance abuse:
- How often the parent uses substances
- Whether the parent has been arrested for DUI or drug possession
- If the parent has missed work or other responsibilities due to substance use
- Whether children have been neglected or endangered
- If the parent is willing to seek treatment
Courts in Orange County often order professional evaluations from addiction specialists or social workers. These professionals help judges understand how serious the substance abuse problem is and whether it affects parenting ability.
What Happens When Substance Abuse Is Proven in Court?
When an Orange County judge finds that a parent has a substance abuse problem, several things can happen. The court’s main goal is always to protect the children while trying to keep both parents involved when possible.
Possible court orders include requiring the parent to complete a drug treatment program before getting custody or visitation. The court might order supervised visitation where a third party watches all visits with the children. In serious cases, the judge may suspend all visitation until the parent gets help.
Random drug testing is common in these cases. Parents might need to take tests several times per week and pay for the costs themselves. The court can also require attendance at Alcoholics Anonymous or Narcotics Anonymous meetings.
For property division in divorce settlements, substance abuse can affect how assets are divided. If one spouse spent marital money on drugs or alcohol, or if their addiction caused financial problems, the court might award more assets to the other spouse.
Can Parents Regain Custody After Substance Abuse Treatment?
Recovery from addiction doesn’t happen overnight, but Orange County courts do recognize when parents get clean and stay sober. Parents who complete treatment programs and maintain sobriety can often regain their custody rights over time.
The court typically wants to see sustained sobriety for several months or even years before restoring full custody. Parents need to show negative drug tests consistently and complete all court-ordered treatment programs. Having a sponsor, attending regular meetings, and maintaining stable housing and employment also help.
Many families in Irvine have successfully rebuilt their relationships after addiction treatment. The key is showing the court that the children’s safety comes first and that the parent has made real changes.
Getting Legal Help for Substance Abuse Custody Cases in Irvine
Substance abuse custody cases are among the most difficult family law matters. Whether you’re trying to protect your children from an addicted parent or fighting to regain custody after getting sober, you need experienced legal representation.
The attorneys at RM Law Group understand how Orange County family courts handle these sensitive cases. They know the local judges, treatment programs, and testing facilities that can make a difference in your case.
Don’t try to handle this alone. Call RM Law Group today at 866-706-3160 for a free consultation about your custody case. Your children’s future depends on having the right legal team fighting for you.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
