Can a History of Substance Abuse Affect Custody in Washington State?

Coping with the end of any long-term relationship can be overwhelming and draining. Even if both parties agree that ending the marriage is the best way for them to move forward and live the lives they envision, it’s natural to grieve the loss of the relationship before beginning the next chapter of their lives. Divorcing couples in Washington state are tasked with a series of important decisions, from determining which party gets to remain in the family home to figuring out where the pets will reside. If the parties have children, there will be even more conversations and negotiations that will need to be addressed before the divorce can be finalized. The separating parents will need to create a parenting plan that establishes with whom the child will reside and for how long. The parenting plan will also include instructions regarding how parenting time will work on various holidays, how decisions about the child will be made, how transitions between households will be handled, and other important details that are designed to reduce potential conflict and protect the best interests of the child. The parents may be able to negotiate the terms of the parenting plan through a more collaborative process, but the court can also step in if the divorce is particularly contentious. 

For the most part, Washington courts attempt to find a custody arrangement that allows the child to spend quality time with each parent. While one parent may have physical custody of the child for the majority of the time for logistical reasons (i.e., during school weeks to minimize disruptions to the child’s routine), most parenting plans will provide the other parent with sufficient opportunities to spend time with the child (such as weekends, holidays, or school breaks). However, there are circumstances that may prompt the court to limit a parent’s ability to care for the child or spend unsupervised time with them, such as when credible allegations of abuse, neglect, mental health challenges, or substance abuse issues. If you are concerned about the connection between substance abuse and child custody determinations in Washington state, it’s recommended that you enlist the guidance of an experienced and caring Seattle family law attorney to help you understand your legal rights and options. Let’s take a look at how past substance use affects custody decisions in King County and Pierce County, as well as the steps you can take to ensure that the best interests of your child remain safeguarded as much as possible. 

How Washington Courts Address Drug or Alcohol Issues in Custody Cases

In child custody cases where there are concerns about a parent’s ability to safely take care of the child (referred to as parental fitness), the court will look at several factors to determine whether to limit the parent’s contact with the child. When a judge approaches a child custody case, they will assess a variety of factors, including the following:

• The child’s emotional and physical needs
• The safety and stability of each parent’s home environment
• Each parent’s ability to tend to the child’s basic needs (i.e., food, shelter, education, etc.)
• The relationship between the child and each parent
• Whether either parent has a history of domestic violence, neglect, or substance abuse

Custody Decisions and Addiction History

Washington courts recognize that people are capable of change. Many individuals who have struggled with alcohol or drug addiction in the past are able to overcome this challenging time in their lives and maintain their sobriety. If you are concerned about custody risks from prior addiction, you and your experienced and dedicated Seattle divorce lawyer can gather compelling evidence of your commitment to recovery and sobriety. The judge will look closely at this evidence to determine whether you are fit to care for your child and maintain physical custody. In other words, a history of substance abuse does not automatically mean that you will lose your custodial rights. As long as you can show that you are committed to your sobriety and you can provide a safe and nurturing living environment for your children, the parenting plan will likely give you opportunities to parent your children. 

When a Parent is in Active Addiction

A parent with a history of substance abuse can be a concern when negotiating the terms of a parenting plan, as the parent may not be able to provide a safe, stable, and nurturing environment for the child. These concerns can be especially pronounced if the parent is actively using drugs or alcohol, as these addictions can prevent them from meeting the child’s basic needs or keeping the child safe at home. Although the court may temporarily restrict a parent from having physical custody of the child while they are in active addiction, it’s essential to understand that these terms can be changed once the parent has sought treatment and can demonstrate evidence of a successful recovery. If you are struggling with substance abuse in the wake of your divorce, a skilled and caring Seattle family law attorney can help you find the support and services you need to start getting your life back on track so that you can eventually enjoy physical custody of your children.

When Parent Evaluations or Drug Testing Are Ordered

Whenever there are concerns about parental fitness in a child custody case, additional information and evidence may be gathered and presented to the court to assess and evaluate. Since the top priority of the Washington family court is to protect the best interests of the child, any allegations of parental unfitness will be investigated thoroughly. Whether you are a parent who is concerned about your ex-spouse’s history of substance abuse or you are the parent who is trying to show your commitment to your recovery and sobriety, it’s important that you work with a highly qualified and experienced Seattle custody attorney to gather and present evidence in support of your position. Below are just a few of the types of evidence that may be used in Washington child custody cases. 

Drug Test Results

The court may order a parent to submit to a drug test to determine whether they have recently used substances. Urine, hair follicle, or blood tests can be used to detect the presence of substance use.

Rehabilitation Efforts

If a parent has been taking steps to recover from an addiction, they can present evidence of their commitment to sobriety. They can present documentation that shows that they have successfully completed a rehabilitation program and are participating in ongoing therapy sessions as evidence of this commitment.

Witness Accounts

Statements from family members, friends, teachers, or mental health professionals can provide insight into the parent’s history of substance abuse and recovery journey. 

Psychological Assessments

In some cases, the court may ask a parent to participate in an evaluation to determine whether substance abuse is interfering with their ability to parent their child. 

Navigating Supervised Visits and Treatment Compliance 

Learning that your history of substance abuse is negatively affecting your ability to care for your child can be devastating. However, there are steps you can take to rebuild trust and demonstrate your ability to provide a safe and nurturing environment for your child. In these cases, you will need to show an ongoing commitment to staying sober—words alone will not suffice. Here are some of the provisions that the court may put in place as you work to demonstrate parental fitness. 

Supervised Visitation Time

If you have a documented history of heavy substance use, the court may order supervised visitation during your recovery to ensure the safety of your child. These visits can be upsetting, as you will not be able to spend time alone with your child. However, you can use this time to connect with your child and show the court that you are committed to becoming a safe and secure parent who can eventually share physical custody of your child. 

Participation in Treatment Programs

The court may order you to complete a drug treatment or rehabilitation program before allowing the child to spend unsupervised time in your home. Courts also look favorably upon parents who seek treatment themselves, so this is also a good option. Whether the program is at an inpatient facility or outpatient counseling, you can share your successes with the court to demonstrate your commitment to your sobriety. 

Demonstrating Parental Fitness to the Washington Court

The road to recovery can be challenging, especially in the wake of a divorce. As long as you can show a consistent effort to remain involved in your child’s life, as well as a commitment to recovery and sobriety, the court will consider modifying the parenting plan to reflect these efforts. While it’s common to feel overwhelmed and discouraged during this time, it’s essential to recognize that you are not alone in your struggles. When you enlist the guidance of a trusted and caring Seattle family law attorney, you can articulate your goals and develop a plan for achieving them. 

Get Started With a Trusted Seattle Family Law Firm Today

At the Hemmat Law Group, your needs and best interests always come first. Our team of highly experienced and caring family law and divorce attorneys is committed to working closely with you to identify your specific needs and goals so that we can help you achieve them. If you are struggling with a divorce, child custody, or other family law issue, please reach out to our Seattle, Washington office today at (206) 682-5200 to get started with a dedicated and empathetic attorney.