Child custody is an incredibly complex and delicate issue. When it comes to custody, New Jersey courts will work to do what is in the child’s best interest. Generally, this means having a relationship with both parents, but this is not always possible. If a parent is deemed unfit, he or she may lose custody. In some instances, if a parent suffers from drug abuse issues, the court may determine that it impacts their ability to safely provide for their child. Losing custody can be devastating for both a parent and child, but it does not have to be permanent. Read on to learn more about how substance abuse can impact your custody agreement.
How Is Custody Determined in Bergen County?
When a court is making a decision about child custody, it will examine a number of factors. In general, the Bergen County Superior Court, Family Part, located in Hackensack, and courts throughout the state evaluate child custody in accordance with the “child’s best interests” standard.” This requires the court to prioritize the stability, safety, development, and well-being of the child. While the courts typically try to ensure the child can maintain a relationship with both parents, they may intervene if a parent’s behavior creates a risk to the child.
Custody disputes are carefully evaluated in Bergen County, especially when allegations of drug or alcohol abuse arise.
Key Factors Courts Consider in Custody Cases
- The relationship between the child and each parent
- If the parent acts in the child’s best interest
- The stability that each parent can provide to the child
- Whether or not the parents are willing to accept custody
- What the child needs
- The child’s safety
- History of abuse
- Both parents’ fitness
- The geographical proximity of both parents’ homes
- The preference of the child if they are of sufficient age
Why “Best Interests of the Child” Matter the Most
Courts in New Jersey must apply the child’s best interests standard in all custody cases. As such, the courts will not automatically deny a parent who has substance abuse issues custody. However, the court must first determine if the abuse impacts:
- The parent’s judgment
- The safety of the household
- If the parent is emotionally stable
- If the parent can provide consistent care
- The parents’ ability to meet the needs of the child
Why Do Parents Lose Custody?
Parents may lose custody rights if the court determines the parent is unable to provide a safe, stable, and healthy environment. Substance abuse is one of a number of issues that can impact parenting ability.
Common Reasons Parents Lose Custody
- Neglect
- Physical abuse of the child
- Mental/emotional abuse of the child
- Domestic violence
- Alcohol and drug abuse
- Child endangerment
- Unsafe living conditions
- Multiple court violations
- Untreated mental health issues
- Child abduction
- Unwillingness to co-parent
How Does Substance Abuse Affect Custody in Bergen County?
If a New Jersey court finds that you are struggling with substance abuse, you may lose custody of your child. That being said, there is a good chance that you will still have visitation rights, as the courts commonly attempt to preserve the parent-child relationship when possible, especially if the parent makes meaningful efforts to recover.
Ways Substance Abuse Can Impact Custody
- A parent may lose primary custody
- Visitation may be supervised
- A parent may have to submit to drug and alcohol testing
- Overnight visitation may be denied
- The courts may require a parent to participate in rehabilitation
- The other parent may receive sole legal custody of the child
Examples of Conduct That Can Hurt a Custody Case
- Driving under the influence with a child in the vehicle
- Using drugs in the presence of a child
- Missing important appointments or failing to pick up the child
- Arrests related to drugs or alcohol
- Violating probations
Can You Regain Custody After Substance Abuse Recovery?
Losing custody does not have to be permanent. If you have lost custody, it is for a reason, so addressing this reason and proving that it is no longer an issue will be necessary. Courts recognize that recovery is possible, and parents who are able to show meaningful change may be able to seek a custody modification.
What Can Help a Parent’s Credibility With the Court?
- Successful completion of a rehabilitation program
- Maintaining long-term sobriety
- Voluntary counseling or AA meetings
- Showing an active involvement in the child’s life
- Passing drug tests
- Adherence to court orders
Connect With Our Bergen County Family Law Firm Today
Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.