Drug Addiction and Child Custody in a Tennessee Divorce

Discussing your case with a Memphis divorce attorney is important if you are seeking child custody. But it becomes even more critical if you are also dealing with a drug addiction that is at the root of your divorce.

If your spouse is a drug addict, you may be able to file a motion for him or her to be drug tested. Only a judge can grant this order. In some circumstances a judge may order drug testing even without a request from the other party.

If your spouse fails the drug test, it can be very damaging to his or her rights to custody and visitation.

Some of the concerns following a positive drug test will likely be that a child may be: 

• neglected;
• exposed to criminal behavior; or
• witness the parent using drugs.

As the court acts in the best interests of the child, it’s not hard to see why a positive drug test could negatively affect your spouse’s rights to see the children. At the very least, he or she may be allowed to see the children through supervised visits.

No matter what the visitation order turns out to be, you may be able to request that before seeing the children, your ex submits to a drug test. If the test is failed, the visit may be denied. You can also ask that rights to visitation be severed if a certain number of drug tests are failed.

Keep in mind that there is the possibility further down the line your spouse could have the child custody order modified or even reversed. If he or she can show that drug use is no longer a problem and other steps have been taken, such as completing a drug program, parental rights may be restored.

There can be so much at stake when dealing with a divorce and looking to prove your spouse’s drug addiction. Contact an attorney to discuss your case and how to best approach it.

Seeking Help from a Memphis Divorce Attorney

Contact a divorce attorney at the Miles Mason Family Law Group to learn about your rights. Our law firm serves residents in Memphis, Collierville, Germantown, along with areas in Eastern Arkansas and West Tennessee. To help prepare for your case, download our free eBook, Your First Steps: 7 Steps Planning Your Tennessee Divorce. Call us today at 901-683-1850 to speak with a Memphis divorce attorney.