New Jersey Divorce Lawyers Blog
Do you have a New Jersey custody and parenting time order that allows your child’s other parent to have parenting time with your child?
Do you now believe your child’s safety and welfare may be at risk when with the other parent because you believe that parent may be using drugs or alcohol ?
Sometimes, as a parent, you may know that your child’s mother or father has a substance abuse addiction that threatens your child’s safety and welfare. However, you may be lost as to how to prove that parent’s addiction to the court in order to protect your child. Indeed, the process of demonstrating a parent’s substance abuse addiction to a court can sometimes be a difficult process, especially since actual “proof” of the addiction (other than you personally observing that parent’s behavior) may be hard to gather. However, with the right legal advice, it can be easier than you think to successfully prove to the court that your child’s mother or father has a substance addiction that poses a threat to your child.
Of course, catching your child’s other parent “in the act” of abusing alcohol or drugs by way of taking a picture or video is always a good source of proof. However, one picture or video may not be enough, especially when it comes to alcohol. Additionally, text messages and/or phone conversations wherein your child’s mother or father is visibly or audibly high on alcohol/drugs or admits to abusing an illicit substance may be very hard to obtain. Video recording your child’s other parent “in the act” of being high can also be a good source of proof, although, again, actually catching him or her “in the act” can be more difficult than it seems. However, the more of these proofs you can provide, the stronger the case to protect your child.
Document the alleged abuse:
An experienced family law attorney can provide you the necessary counsel and navigate your case through the process of appropriately documenting your concerns to the court, providing the appropriate proofs, and alerting the court to the fact that your child’s mother or father’s addiction puts your child at risk. Beyond the proofs set forth above, an experienced matrimonial attorney can seek an order from the court compelling that parent to submit to such official tests that can include a random urine screening, hair follicle testing, fingernail bed testing, and blood work, all of which document, to varying degrees, the amount of drugs or alcohol the mother or father of your child is abusing. The right test to ask for from the court depends upon the specific alcohol or drugs you fear the mother or father of your child is abusing, so it is important that your attorney know the exact testing (and chemicals within that testing) to request be ordered by the court based upon your attorney’s experience in this area.
Your attorney can also request that the court mandate the mother or father of your child undergo a “risk assessment”, wherein a professional will perform an evaluation of the mother or father of your child to determine if there is the existence of an addiction that threatens your child’s welfare. Again, there are many professionals who perform these risk assessments, and it is important for your attorney to know which professional is the right professional for your particular case depending on the level of addiction and the type of substance the mother or father of your child is using.
Supervised parenting time?
As a parent, the safety of your child, in your care or in the care of the mother or father of your child, is of the utmost importance. If appropriately and clearly demonstrated to the court, a court will prohibit parenting time or require parenting time be supervised to protect your child from being exposed to your child’s mother or father who is addicted to drugs or alcohol. At the Goldstein Law Group, we are experienced matrimonial and family attorneys who specialize in handling custody and parenting time issues including the serious matter of parental drug and alcohol abuse.
Are you being falsely accused of using drugs or alcohol to frustrate your parenting time?
Likewise, if you are a parent being wrongfully accused of using drugs or alcohol by your child’s other parent simply to frustrate your ability to exercise your parenting time, we also focus our expertise on proving your fitness as a parent to the court. If you have any questions or need help in anyway with respect to protecting your child from his or her other parent’s drug addiction, or if you believe you are being wrongly accused of having an addiction by the mother or father of your child, we invite you to call us so that you can understand how we can protect you and your child.
If you need a lawyer to represent your interest in a New Jersey family court case involving parenting time and custody issues where drug or alcohol use is a concern, you should talk to an experienced New Jersey family law and custody and parenting time attorney. Contact the family law attorneys at Goldstein Law Group. Call 732-967-6777, or use the contact link on this page to request a consultation. We have offices in Middlesex County and Monmouth County and handle cases in every county of New Jersey.
Mark Goldstein, Esq.
