August 28, 2017 - Bains Law Firm
Alcohol
or Substance Abuse issues often need to be addressed when establishing or
modifying a Parenting Plan. Protecting
children from exposure to the harmful effects of Alcohol or Substance Abuse
often involves placing restrictions or limitations upon a chemically dependent
parent. There is no uniform rule as to
what type of restrictions or limitations to impose upon this parent; instead,
each case is different and the types of restrictions or limitations will depend
upon the severity of the parent's chemical dependency and resultant negative
effects upon the children.
In
the most extreme cases, a Parenting Plan may have provisions that restrict all
contact with the children. In these cases,
a parent is usually an active addict who cannot maintain sobriety long enough
to exercise visitation with the children in a safe manner. Although contact may be completely
restricted, it is usually temporary, as the Court will often provide a roadmap
for even the most extreme chemically dependent parent to navigate their way
back to having access to the children.
In such cases, in order to gain some visitation, the chemically
dependent parent may be required to undergo treatment (in-patient or outpatient)
usually in combination with a comprehensive chemical dependency
evaluation. In these circumstances,
following treatment recommendations and maintaining demonstrable sobriety
(through urinalysis and hair follicle testing) is of the utmost importance.
The
roadmap provided by the Court in a Parenting Plan is designed to increase
contact between the chemically dependent parent and the children so long as the
parent is progressing in their recovery.
In doing so, there is likely to be a Phased-In Visitation Schedule. Beginning at the most restrictive limitation
of no contact, the chemically dependent parent may progress to professionally
supervised visitation, to lay supervision, to daytime visitation without
supervision, and ultimately to having some overnight visitation so long as
recovery is progressing. Any relapses
will usually move a parent backward to a prior, more limiting Phase of the
Visitation Schedule. Setting forth
incremental increases in visitation in the Parenting Plan often provides the chemically
dependent parent with ample motivation to maintain their sobriety as their
access to the children will be expanded consistent with their recovery.
In
other less serious cases, when contact is not completely restricted, a wide
range of limitations upon a chemically dependent parent may be used to protect
the children from the harmful effects of that parent's addiction. These range from supervised visitation,
daytime visits only, or simply that the parent not drink or use non-prescribed
medication immediately prior to and during their visitation time. Typically, a chemically dependency evaluation
may be recommended for that parent.
In
cases where Alcohol or Substance Abuse is suspected but not confirmed, drafting
language that prohibits either parent from using alcohol or non-prescribed
medication prior to and during visitation time may be necessary. Having such
language in the Parenting Plan will sometimes go even so far as to allow the
other parent to demand an immediate urinalysis if Alcohol or Substance Abuse is
suspected at a visitation exchange.
In
any situation where Alcohol or Substance Abuse is a concern, drafting the
appropriate language in a Parenting Plan to maximize the children's protection from
harm is paramount.
Family law litigation can be
emotionally difficult and complex. Decisions made about each step of the
litigation can affect you for many years.
We have years of experience helping our clients through the difficulty
of dealing with protecting children from the harmful effects of chemical
dependency and can help you through the process. Contact us today at (253) 838 – 3377 or email
at office@bainslawfirm.com, to talk about your situation.
Disclaimer:
All materials provided on this website have been prepared by Bains Law Firm for
general information purposes only and no representation is made as to their
completeness or accuracy. Information on this website is not intended as legal
advice, and may not be relied upon as such. Only an attorney who can review the
unique facts of each case and apply them to the statutes, case law and court
rules can provide legal advice. Nothing in this website shall be construed to
create an attorney-client relations
