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Can you get full custody if your spouse has a drug problem?

| Jul 12, 2021 | Divorce | 0 comments

Divorce can be hard on children. It can damage their sense of family and connection with parents. The more contentious and unstable things become, the harder everything is for the children. Prioritizing stability and routine can make life easier on the kids.

When divorcing parents can’t agree on their own custody terms, a Kentucky family law judge has to decide how to split up custody between the parents. Typically, there is a presumption that shared custody would be in the best interests of the children.

However, there are certainly situations in which a judge will award one parent sole custody instead of dividing parenting time and parental responsibilities. Is your ex’s addiction issue grounds for you to request sole custody?

Chemical dependence can drastically affect parenting

Someone who struggles with alcoholism or drug addiction will likely try to balance their life with their addiction. Some people are cautious about when they indulge in their drug of choice. Others will do it while they have custody of their children.

If your ex has ever used drugs in front of the children or neglected their care because they were under the influence, you have good reason to worry about shared custody. The younger and more vulnerable your children are, the more concerning leaving them with an addict would be. If you have evidence of your ex’s substance abuse or previous instances of neglect, that can help you during custody proceedings.

Keep your focus on the best interests of the children

Asking for sole custody can seem an uphill battle, especially if your ex tries to fight you. When planning your testimony or gathering evidence, it’s important to keep the focus on what is best for the kids.

The courts don’t want to punish someone for their addiction, but they do want to protect the children from possibly dangerous situations. The more proof you have that your ex’s addictive behavior puts the kids at risk, the stronger your case for sole custody will be. Knowing that you can ask for sole custody when divorcing an addict can help you protect your children as much as possible.