The consequences of alcohol problems are far-reaching. A history of alcohol abuse can affect not only physical and mental health, job performance and employment status, but also a parent’s share of joint custody of their children. Even when people work hard to overcome their personal demons, the court can keep a track record of the battles contemplated during divorce proceedings.
Fighting with alcohol does not necessarily prevent contact with children. The court’s aim is to get both parents involved in a child’s life, and visiting and custody sanctions are not something judges take lightly. However, you should understand how alcohol abuse can affect child custody, which it often does.
Restrictions on drinking
In order to have unsupervised visitation rights, a judge can order a parent not to drink alcohol before or during a visit in order to model positive behavior for the child and to stay sober in the situation. This is the conclusion the court usually comes to after consulting with addiction counselors, who can confirm that the parent is in a recovery program and has taken significant steps towards sobriety. These special conditions may be dependent on starting or continuing participation in a recovery program such as Alcoholics Anonymous or passing a court-ordered drug test.
Supervised visit
In cases where one of the parents did not meet these conditions, or when a judge believes that such restrictions would not go far enough, the court may insist on supervised visiting sessions for one of the parents. Often held in a neutral and public setting such as a childcare facility, these are conducted under the watchful eye of a court-appointed supervisor – traditionally a social worker – who oversees the session and reports to the court. In less serious cases, the court can appoint a family member to be the guardian for visits to private homes.
Loss of custody
Extreme alcohol abuse can affect child custody even more severely. If one party can substantiate their claims that the other parent’s struggles with alcohol are so insurmountable that they can no longer care for a child or children, the court may have no choice but to choose the parent who successfully makes those claims has made to grant sole custody. While this rarely happens, some cases can force this serious response.
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