Can I Get Full Custody If My Spouse Has a Chemical Dependency?

The court will attempt to ensure children remain safe and provide the best possible chance of a healthy life.

With the heroin and opioid epidemic in the headlines, we have become acutely aware of chemical dependency in the last decade.  The cost of life, property, and family is well known. For many this is as far as their personal experience will extend. Unfortunately, for others this is a personal narrative, either as an addict or the family of one.  Worse yet, what if your spouse’s addiction is affecting the welfare of your children?

In Missouri, a parent can lose their parental rights due to substance abuse.  However, the court places the highest importance on the best wishes of the child in question.  Part of this includes regular and continual contact with both parents. Except in clear and present cases of danger to the child, the court is reluctant to strip a parent of their rights.  They may, however, require regular drug testing, rehab, and potentially supervised visits. However, should the actions of the parent with a substance abuse problem be so egregious as to merit a question of a child’s safety, even with the above protections, the court may find no other remedy reasonable outside of terminating parental rights and giving the other parent full custody.

Termination of parental rights is not a punishment against persons fighting addiction. Instead, as is the case with all decisions the court makes regarding minors in divorce cases, it is the best wishes of the child that are of the highest paramount.  The court will attempt to ensure children remain safe and provide the best possible chance of a healthy life. Should you or a loved one be facing divorce with someone suffering from addiction, contact your trusted St. Louis family law attorney.  An experience Missouri lawyer will help you navigate this exceptionally hard time and provide counsel to protect your children’s best interests.

Give The Betz Law Firm a call today at (314) 801-8488 .