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Child Custody

Addiction and Custody

The Family law act generally grants parents and guardians the right to parenting time and a share of parenting responsibility. However, if any issues or allegations of addiction come up in your child custody case you may void these rights. So you will want to have someone experienced in family law on your side in these situations. Our Family Lawyers at Levine and Company will go through all the details of any allegations before giving you any advice or guidance as to how to proceed. We know the impact such allegations will have on your parenting agreement or order. We will do our best to find a resolution that protects your child's best interests.

How Addiction Affects Your Case

Although the laws around parenting time and responsibility allow parents full rights to spend time with their child and contribute to their upbringing, the court can place barriers to joint or shared guardianship if one parent is suspected of addiction. Even if the parent seeks out treatment for addiction or has already sought out treatment for addiction, it will still take time to make any changes to an existing parenting agreement. Getting clean of any addiction is only part of the process. A parent must subsequently show that they are capable of taking on the responsibilities associated with being a parent before any changes to the parenting agreement will be made. However, if the risks to the child are low an interim agreement can be set up so that the child can still maintain their relationship with their parent while the parent is going through treatment.

Ultimately we want what is best for your child. If it isn't possible for both parents to be involved in a child's life or you think your child's safety might be at risk please contact us. Changing or removing guardianship is difficult but not impossible.

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