Child custody and addiction: How addiction affects the likelihood of retaining custody

The nationwide discussion on addiction and its treatment at recovery centers is incomplete without the mention of how the illnesses influence child custody disputes. For people with any diagnosed substance use disorder, some states may classify the condition as criteria for child neglect, explains the U.S. Department of Health and Human Services. Furthermore, the way that addiction is viewed by the law varies heavily from state to state. In Arizona, the laws are much more stringent.

Before a child is even born

Arizona is one of 14 states that defines prenatal exposure to substance use as a form of neglect. Additionally, health care professionals can report suspected cases of abuse in mothers to the Department of Child Safety. An official statement must be based on one of the following findings:

• Indication of substance abuse in either the mother or child at the time of birth or prenatal visit

• A previous medical history of substance abuse

• Any prior case of abuse during pregnancy or after giving birth

• Verified results of a toxicology screening on the mother or infant

• A diagnosis of fetal alcohol syndrome or other alcohol-related conditions before a child reaches the age of 1

Child custody and exposing children to illegal drug activity

While parents can make their own decisions about what type of environments they are exposed to, children rarely have a voice. Over time, researchers and lawmakers have sought to reduce the negative effects on younger generations that are exposed to illicit activity, which may include the manufacturing or distribution of drugs. In Arizona, parents who willingly allow children to be present in an area where chemicals or equipment for creating controlled substances are punishable by law for child abuse and neglect.

In states that border Arizona, additional exposure to illicit drug activity may result in a charge of child abuse or neglect as well. These regulations include:

• In California, the use of any controlled substance is considered child neglect and abuse because it impairs a parent’s ability to care for a child. The state also implemented enhanced penalties for guardians who keep their children in drug manufacturing areas

• Meth possession in the presence of children is also classified as a felony in California

• Colorado has laws similar to Arizona, but it defines any exposure to illicit drug activity as neglect. In addition, the state has instated the same enhanced penalty for meth exposure as California

• Utah, New Mexico and Nevada have similar definitions of child abuse for exposing children to illicit drug activity

What does it all mean?

The charges for exposing youth to drug-related activity in Arizona and its bordering states will result in a lower likelihood of retaining child custody. If a parent or caregiver is arrested for drug use or possession, family members or friends may file for the custody of children. However, most parents dealing with disorder benefit from an effective addiction treatment program that helps keep children around sober adults.

Addiction is harmful to both parents and children who are exposed to the disease. By understanding what laws pertain to neglect and abuse, parents can find an addiction treatment program in their area and learn how continued drug abuse may affect future custody hearings. Sobriety is a parent’s highest priority before even discussing child custody.