Just because a spouse drinks alcohol, does not automatically mean they will lose custody of their child. If a parent has been diagnosed as an alcoholic or with another addiction, it does not mean their rights will be denied. Having an alcoholic beverage every now and then does not make you a bad parent or too irresponsible to raise a child. The same is true for a recovering addict who has a clean track record during their sobriety.
If drinking alcohol interferes with a child’s well-being, then it can affect child custody. If your spouse whom you’re divorcing is in denial about their alcoholism, it can be hard to trust them especially with a child. If a spouse has alcohol related criminal offenses, that can also be a factor when determining child custody.
The court does have options to protect children in these situations. The court can restrict visitations, such as no overnights or supervised visits only. The court can also require the offending parent to submit to drug and alcohol testing to seek treatment.
When divorcing an alcoholic, be aware in advance that you will face many challenges during the process, especially when it comes to custody. Contact one of the attorneys at Manchin Injury Law Group today if you are considering divorce.
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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