Eight common legal challenges of people suffering from addiction: #1) Divorce and/or custody challenges
January 24, 2018
One of the first clear signs that someone you care about is suffering from addiction is when that loved one begins experiencing legal problems as a result of his or her drinking or drug use. Some of the most common legal challenges that people with addiction face may include:
- Divorce and/or custody challenges
- Domestic violence
- Fighting and public intoxication
- Operating while intoxicated (OWI) or driving under the influence (DUI)
- Prescription fraud
- Public intoxication
- Divorce and/or custody challenges: Someone who is suffering from addiction can many times find their family relationships strained due to their behavior related to their substance abuse. If he or she is in a marriage with children, these strains can certainly lead to family law issues down the road. If the problems persist and worsen, a spouse might threaten divorce or challenge the custody of the parent that is suffering from addiction.
Many times this partner may feel that admitting to having a problem will make their situation worse, both in the relationship as well as legally. We find the opposite to be true.
We have worked with many family law clients, and have seen the benefits of a spouse who may be an addict, recognizing their problem and seeking out meaningful treatment options. As they work toward recovery, often times the negotiation of a divorce can be a smoother process, and we’ve even seen couples that decided to stay together in the end because the other partner got the help that they needed.
In the case of a custody challenge, we have seen similar patterns. Parents often times do want the other parent involved with the child, but may fear for the welfare of the child due to behaviors related to substance abuse. We have seen parents that enter into successful recovery win back custody of their children over time, and in some cases the custody challenges are even dropped.
If a divorce or custody case is related to the substance abuse issues of our client, we usually recommend seeking out quality resources for addiction treatment to help mitigate their issues.
This article was written by Henn Haworth Cummings + Page Law. This is a general practice law firm that offers family law services in Central Indiana. See www.hhcfirm.com for more details or call their office at 317-885-0041 for a no charge case assessment.