05 Feb How Substance Abuse Affects Child Custody in WA
Navigating a divorce is difficult enough without the added complexity of addiction allegations. If you are a parent facing a breakup where drugs or alcohol are a factor, you likely have urgent questions about your children’s safety and your rights. Washington State law prioritizes the well-being of the child above all else, which means substance use issues can heavily influence the court’s final decision. Let’s briefly review how substance abuse affects child custody in WA.
The “Best Interests of the Child” Standard
Washington courts establish a Parenting Plan for divorced caregivers, and this document outlines where the child sleeps, how parents make decisions, how they resolve future disputes, and who attends to daily needs. When a judge creates this plan, their primary goal is to determine what arrangement serves the child’s best interests.
Substance abuse complicates this analysis substantially. If a parent struggles with addiction, the court must weigh the benefits of that parent’s involvement against potential risks. Therefore, a judge will look for evidence of instability, neglect, dangerous behavior, or an inability to perform parenting functions.
Potential Restrictions on Parenting Time
If the court determines that a parent’s substance use presents a danger, it may impose limitations under RCW 26.09.191. Generally, the court wants a child to have a relationship with both parents, but safety comes first. Depending on the severity of the situation, the court might implement such safeguards:
- Supervised visitation: The parent may only see the child in the presence of a professional supervisor, a trusted family member, a mutual friend, or a social worker.
- No overnight stays: The court might suspend residential time during sleeping hours until the parent proves sobriety.
- Mandatory testing: A parent may need to submit to random urinalysis, hair follicle testing, breathalyzer monitoring, or nail bed testing.
- Treatment requirements: The judge may order the parent to complete a drug and alcohol evaluation, attend rehab, go to AA/NA meetings, or strictly follow medical recommendations.
Proving or Disproving Allegations
Allegations alone are rarely enough to permanently alter a parenting plan. The court requires evidence.
If you are the parent concerned about a spouse’s addiction, documenting specific incidents is crucial. Conversely, if you are the parent facing allegations, showing a commitment to recovery is your strongest defense. Active participation in treatment, clean test results, consistent attendance at support groups, and maintaining a stable home environment demonstrate that you can parent effectively.
Get Professional Help
At LaCoste Family Law, we understand how substance abuse affects child custody in WA and the stress it places on parents. We are here to help you create a stable environment for your children.
Reach out to us today to speak with a Washington child custody attorney who can guide you toward the best possible parenting plan and ensure your voice is heard.