Drug Issues in Custody Cases

Breaking the Cycle: Drug Use and Custody Battles Explained



Drug use is rampant in the United States and Georgia is no exception. Many people end up divorced as a result of one partner's drug use. Normally, drug users marry other drug users. If you are complaining about drugs being used by the other parent, chances are that you are also using drugs or have done so in the past. 

Judges understand that drug use is not ideal for parental oversight and control. However, drug use is typically not the sole determinative factor in custody determinations. 

Where drug use is alleged, both parents will be required to undergo drug testing--usually on the day of court. A positive result may result if an award of custody to the other parent or may only result in a stern warning from the Judge depending on the drug that shows up in the test results and the level in his or her system.

There are many factors that go into a custody decision and drug use is only one. Courts are concerned with the best interests of the child and safety is first and foremost. While Judges will never condone illegal drug use, they may determine that it is not a significant threat to the child's safety and award custody to a parent who is using drugs or who has used drugs in the past. Judges try to look at the whole picture and make a decision based upon the overall needs of a child.

If you are involved in a custody dispute and are continuing to use recreational drugs, you run the risk of losing custody based on your drug use and should immediately stop doing drugs and get help for any addictions. If your spouse is doing drugs and you are not, understand that it is only one factor in many that will have a bearing on the outcome of your custody case.