When it comes to child custody cases, the well-being of the child is the primary concern in South Carolina. If a parent has a drug or alcohol problem, it can have a significant impact on child custody arrangements. In this article, we will explore how South Carolina family courts handle child custody cases where one parent has a drug or alcohol problem.
The Impact of Substance Abuse on Child Custody
Substance abuse can have a severe impact on a parent’s ability to care for their child. Drugs and alcohol can impair judgment, lead to abusive behavior, and have long-term impacts on a person’s physical and mental health. Because of this, South Carolina courts take substance abuse allegations seriously when it comes to child custody cases.
Proving Substance Abuse
If a parent accuses their co-parent of substance abuse, the accuser must provide tangible evidence to support their claim. Gathering evidence can involve hiring a private investigator, recording texts or phone conversations, or even requesting that the court order drug tests. The court may also consider any criminal convictions or prior child protective service investigations of the accused parent.
Incarceration
If a parent is incarcerated due to drug or alcohol charges, the court may take this into consideration when determining custody arrangements. In such cases, the court may give temporary custody to the non-incarcerated parent or a suitable guardian until the incarcerated parent is released.
Rehabilitative Options
If a parent is undergoing treatment for substance abuse, this may be taken into consideration by the court. The court may be more likely to grant custody to a parent who is actively seeking help for their substance abuse issue. Completing a substance abuse treatment program, attending counseling, or regularly attending AA/NA meetings may also show the court that the parent is taking their recovery seriously.
Professional Evaluations
In some cases, the court may order a professional evaluation to determine the extent of a parent’s substance abuse issue and how it may affect their ability to care for their child. The evaluation may include interviews, medical exams, or psychological testing to determine the parent’s ability to provide a safe and stable home for their child.
Conclusion
If one parent has a drug or alcohol problem, it can significantly impact child custody arrangements in South Carolina. The court’s primary concern will always be the safety and well-being of the child. If you are going through a child custody case where substance abuse is an issue, it is important to work with an experienced family law attorney who can help you navigate the legal process.