Even if you believe you are a fit parent, by succumbing to drug addiction, you may not be seen as a fit parent in the eyes of the law. Regaining custody of your child may then become one of your biggest motivations for becoming sober. Fortunately, if you do regain your sobriety, you will be more likely to regain custody of your child in the future with the assistance of a child custody attorney.
When you are fighting for custody of your child, the courts may require that you submit to drug testing. The results of the drug test can influence whether you will receive custody of your child. You may lose your custody outright or the courts may rule that you must attend a drug counseling program and take other steps to maintain sobriety. If your ex is found to be a more fit parent, it is more likely that custody will be awarded to your ex.
Another situation where you may lose custody is if you have been arrested for a drug offense. The courts need evidence that you have a substance abuse problem before custody is awarded to your ex or to the state.
Depending on the severity of your drug addiction and the other factors influencing why you have lost custody, you may not even be allowed visitation rights. Or, you may only be granted supervised visits. With a drug test and the endorsement of a substance abuse counselor, you may be able to have your visitation rights restored. Character references will also be needed who can attest to your sobriety. After you have regained visitation rights, you may be required to submit to a drug test before you are allowed to meet with your child. A regular drug test may also be required after you have received custody.
Your Child Custody Team
While it can be difficult to get full custody after losing custody because of a drug addiction, it is more possible to receive shared custody. Given how complex and difficult it is to navigate the courts during a child custody case, you will not want to do so without the assistance of a child custody attorney. Tell your therapist about your efforts to regain custody. The process can be very frustrating and these frustrations can increase the odds that you will relapse. Your continued efforts to receive therapy even after you have sobered up will also reflect well on you as you seek custody.