Substance abuse disorders are a significant problem in the United States, with an estimated 48 million Americans meeting the criteria for a substance use disorder in 2023, according to the Substance Abuse and Mental Health Services Administration (SAMHSA).
Substance abuse can compromise a parent’s judgment and attention in ways that directly affect their children’s wellbeing. As a result, substance abuse is taken very seriously by Virginia’s courts in custody and visitation matters.
Even under the best of circumstances, parents in custody cases are in the difficult position of having the court determine their future with their children. Additional complications arise when a parent with a substance abuse concern refuses to acknowledge that they have a problem.
Virginia’s Best Interests Standard
In Virginia, family court matters are most often addressed in the Juvenile and Domestic Relations District Courts. These courts apply the “best interests of the child” standard in determining the proper custodial relationship between each parent and their children (per Virginia Code § 20-124.2). Substance abuse touches upon a number of these factors, including:
- the physical and mental health of each parent;
- the ability of each parent to assess and meet their child’s emotional, physical, and developmental needs; and
- any other factor that a court may find relevant.
Children require a caretaker who can provide them with attention and care throughout the day. Parents who are under the influence of a substance may not realize that their child is at risk of harm until it is too late. For example, driving a vehicle with children inside while under the influence of a substance places their safety at risk.
What the Court Can Order
If a significant and unaddressed substance abuse issue is identified by the court, then the likely outcome is some form of supervised contact between the struggling parent and the child. Actions that a court can take to protect children include:
- requiring regular drug testing;
- requiring a struggling parent to engage in counseling;
- requiring an ignition interlock system on a vehicle; and
- limiting contact between parents and children, or requiring that only monitored contact occurs.
On the other hand, if the court believes that a parent affected by substance abuse has taken proactive steps to address their challenges, that can go a long way toward reducing the degree of supervision ordered by a judge. Proactive steps to show the court may include acknowledging their addiction and prior behavior, and voluntarily choosing to engage in regular therapy—whether in-patient therapy, one-on-one sessions with addiction counselors, or in recovery groups. Parents in recovery can create a support system of family members or friends who are readily available should a relapse occur.
Ignoring or downplaying a substance abuse problem will likely have the effect of convincing a court that it must take steps to protect the child, but courts typically appreciate and reward sincere efforts at accountability and rehabilitation.
Contact Our Family Law Attorneys
If you’re navigating a custody dispute, with or without an element of substance abuse by a parent, an attorney can help you understand your rights. The family law attorneys at Livesay & Myers, P.C. are experienced with all custody and visitation matters and how they are handled in the courts of Northern Virginia. Contact us to schedule a consultation today.