Could your alcoholism affect your custody rights?

On Behalf of | Jan 21, 2021 | family law |

Your spouse has been on your case for years about your drinking. But lately, there seems to be a particular urgency in their arguments. In fact, the “D” word (for “divorce”) has even reared its ugly head.

Should you be worried that if your spouse files for divorce you could possibly lose custody of your children?

It’s a possibility that your drinking could be a factor in your custody case

Your spouse may be able to make a credible case to the family law court that you are an alcoholic who is actively drinking and not pursuing recovery. The court could then extrapolate that the children are not safe when in your custody and award your ex-spouse sole custody, leaving you with supervised visitation.

All hope is not lost, however, with the right approach

While that might be a very sobering scenario to contemplate, it is equally important not to give up in frustration. You can and should fight for your right to parent your children without supervision.

But to do that, you have to commit to sobriety. Usually, that takes detox and rehab. At the minimum, you will need to quit drinking, get a sponsor and start attending AA meetings regularly.

How the court looks at the situation

In all matters, the family law courts must put the best interests of the children at the forefront of their custody decisions. It is really hard to justify placing a child in the custody of an alcoholic parent, and even more so should something unfortunate happen as a result.

No North Carolina judge is going to open themselves up to that type of judicial liability. So, if you want to fight for custody, speak openly to your family law attorney and confront your alcoholism head-on. Get the help you need to be the best parent that you can be.

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