When parents go through a divorce or separation, one of the most critical and emotionally charged issues is child custody. In Michigan, courts prioritize the best interests of the child when making custody decisions, and a parent’s history of substance abuse can significantly impact the outcome. Understanding how substance abuse factors into these decisions can help you protect your parental rights and ensure your child’s well-being.

How Michigan Courts Evaluate Substance Abuse in Custody Cases

The Best Interests of the Child Standard

Michigan courts use the "best interests of the child" standard to guide custody decisions. This standard considers a range of factors, including the physical, emotional, and psychological health of the child. When a parent has a history of substance abuse, it can raise concerns about their ability to provide a stable, safe, and nurturing environment.

Evidence of Substance Abuse

To consider substance abuse in a custody case, the court typically requires clear and convincing evidence. This can include:

Positive drug or alcohol tests
Criminal records related to substance abuse
Testimony from witnesses or family members
Medical or rehabilitation records
Social media posts or messages indicating substance use

Impact on Parenting Ability

Substance abuse can affect a parent's ability to make sound decisions, provide consistent care, and ensure the safety of their children. This can influence factors like:

Supervision and caregiving capabilities
Emotional and mental stability
Ability to maintain a structured routine
Reliability in transporting children to school, appointments, and activities

Potential Outcomes in Custody Cases Involving Substance Abuse

Supervised Parenting Time

In cases where a parent’s substance abuse poses a potential risk to the child, the court may order supervised parenting time. This means that the parent can only visit their child under the supervision of a neutral third party or in a controlled setting.

Required Drug Testing and Treatment

Courts may also require ongoing drug testing, completion of a rehabilitation program, or regular attendance at support group meetings as a condition for maintaining or regaining custody rights.

Limited or Modified Custody Arrangements

If the court determines that a parent’s substance abuse significantly impairs their ability to care for their child, it may limit their custody rights, including reducing parenting time or awarding full custody to the other parent.

Termination of Parental Rights

In extreme cases, ongoing and severe substance abuse can lead to the termination of parental rights, permanently ending the legal relationship between the parent and the child.

Protecting Your Parental Rights

If you are struggling with substance abuse but want to maintain a relationship with your child, there are proactive steps you can take to improve your custody chances:

Seek Treatment: Enroll in a reputable treatment program and provide proof of your commitment to recovery.
Document Your Progress: Keep records of counseling sessions, drug tests, and support group attendance.
Build a Support Network: Surround yourself with positive influences who can testify to your stability and commitment to your children.
Follow Court Orders: Comply with all court-imposed conditions and demonstrate consistent, responsible behavior.

Moving Forward

Substance abuse is a challenging issue, but it doesn’t have to define your relationship with your children. With the right support and a commitment to recovery, you can work toward a positive outcome in your custody case. An experienced family law attorney can guide you through this process, helping you present a strong case and protect your parental rights.

If you are facing a custody dispute in Michigan and need help navigating the legal challenges of substance abuse, contact Harris & Literski today for a consultation.

How Substance Abuse Can Impact Custody Decisions in Michigan