In the best circumstances, parents who divorce can put their personal differences aside in order to negotiate custody and visitation terms that work for everyone involved. Unfortunately, this can be very difficult when one party accuses the other of having a serious drug or alcohol problem. The breakup of two actors demonstrates how cases involving substance abuse allegations frequently must be decided by the court
Actress Laura Prepon and her ex, actor Ben Foster, are embroiled in a contentious divorce battle due in part to Prepon’s assertions that Foster’s drinking problem poses a danger to their seven-year-old daughter. Known for roles on “That 70s Show” and “Orange is the New Black,” Prepon is seeking a court order requiring Foster to refrain from consuming alcohol before and during visits with their child. She cites several examples she claims demonstrates the extent of Foster’s problem, including:
- Sleeping in the hallway of their family’s apartment building after locking himself out while inebriated
- Habitually carrying a thermos around that Prepon believes contains an alcoholic beverage
- Unexplained instances where Foster’s hands were shaking
- Ordering multiple small bottles of liquor while on airplanes and being “cut off” by flight attendants due his intoxication
A parent accused of substance abuse may face increased scrutiny in a child custody proceeding, and potential consequences such as limited visitation, supervised parenting time and even temporary loss of custody.
If you’re worried about your co-parent’s struggle with drugs or alcohol, you should keep detailed records of incidents or behavior that that suggest a problem exists. Include dates and times, as well as any evidence, such as text messages, photos or police reports. Consider requesting supervised parenting time for your former partner. This should ensure a safe environment for your child while maintaining the parent-child relationship.
Avoid making accusations out of anger or spite. Substance abuse concerns should always be raised with the child’s well-being in mind, not as a tactic to gain leverage. An experienced family law attorney can guide you through the complexities of custody disputes involving substance abuse. Mediation, therapy and structured parenting plans with clear guidelines about drug or alcohol consumption might lead to a mutually agreeable resolution.
Bryan L. Salamone & Associates, P.C. advises residents of Nassau and Suffolk counties on all types of child custody and visitation matters, including cases where parents might have a substance abuse problem. To discuss your situation with an accomplished New York lawyer, please call 631-388-6009 or contact us online.