This is the next post in my series on how a Las Vegas mother’s drug use can impact child custody cases. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you are a dad who finds himself in such a situation. It is important that you speak with counsel sooner, rather than later, as the facts of the case may constitute an emergency. In this article I will address how Clark County Family Court Judges may view a mom’s drug use as a general matter. If you need assistance then contact my office today to speak with a father’s rights lawyer.
The Court will always base its custody decisions on the best interest of the child. When determining what is in a child’s best interest, the Court will consider a parent’s physical and mental well-being as well as their ability to care for the child. For obvious reasons, if a mother has substance abuse problems then it will impact her ability to parent in each of these areas. If a mother is regularly impaired in the presence of the child, then she would likely be unable to respond in the event of an emergency. Also, she would likely not be a reliable person when it comes to providing the child with the day-to-day care that they need. When such a situation arises, Courts are often quick to become involved.
The extent to which the Court will restrict a mother’s custody/visitation, based on drug use, will depend on the facts of the case. If the mom is regularly using “hard” drugs (such as heroin or methamphetamine) and is engaging in illegal activity to obtain them, then the Court may be more likely to only allow her to see the children in a supervised setting. The Judge would also likely require her to meet several benchmarks before loosening such restrictions. If, on the other hand, the mother is overusing prescribed medication (such as anti-anxiety medication) then the Court may not be quite as restrictive. Again, how the Court will rule in any given situation will always depend on the facts of the case.
If you believe that the mother of your child is abusing controlled substances then it is crucial that you contact an experienced family law attorney immediately. The longer you wait to contact counsel then the less likely the Court will be to consider the matter an emergency. This is due to the fact that, from the Court’s viewpoint, a parent who is concerned about drug use would have filed for custody immediately. By filing a request to change custody as soon as you are aware of the problem, you make the Court more likely to hear the matter on an expedited basis.
If you are a dad and need to file for a change of child custody then contact my office to speak with a Las Vegas fathers’ rights lawyer. I have handled a variety of situations in which a mom is abusing controlled substances and will work to ensure that your rights remain protected throughout the process. I pride myself on providing a high level of service and my firm is ready to assist you.