Substance abuse can feel like an insurmountable challenge, impacting every aspect of your life, including your employer, housing, and even your relationship with your children. If your custody rights were initially revoked due to addiction, there may be an opportunity to modify that order if you can demonstrate significant steps towards recovery. Please continue reading as we explore what you should know about these matters and how our experienced Edison Child Custody Lawyers can help you navigate your legal options for regaining custody after recovering from addiction.
Can a Parent Who Recovered from Addiction Regain Custody?
In New Jersey, completing rehabilitation and consistently proving a period of sobriety can positively influence a judge’s decision, potentially leading to the restoration of your custody or visitation rights. The Garden State allows child custody orders to be modified or terminated at any time if you can demonstrate a “significant change in circumstances.”
Several conditions can qualify as a substantial change in circumstances, including attending a rehab facility, consistently passing drug tests, securing a stable job, ongoing participation in recovery programs, and providing a safe living environment for your children. If you have taken these steps to overcome a substance abuse problem, a qualified attorney can help you file a motion to modify an existing order and present a compelling argument to the judge as to why a new custody order is necessary.
It is important to understand that the court gives precedence to the best interests of the child when making custody determinations. Consequently, the restoration of custody is contingent upon the ability to demonstrate sustained sobriety and stability. Simply achieving recovery will not automatically guarantee reinstatement; one must provide evidence of the capability to adequately meet the child’s needs.
Can Relapse Affect My Chances of Regaining Custody?
While relapse will not automatically preclude you from regaining custody, it is taken seriously. New Jersey courts recognize addiction as a medical condition. As such, relapse may occur. A parent’s actions following a relapse are paramount: taking responsibility, re-engaging with treatment, and demonstrating sustained recovery. The court will examine whether the relapse compromises your capacity to offer a secure and stable home.
Thorough documentation of both relapse and recovery is crucial. If there is evidence of a relapse, such as drug test results and treatment records, the court will seek proof of subsequent corrective actions. This may include clean drug screens, continued therapy, participation in support groups, and parenting choices that prioritize the child’s best interests. The court will assess both parents’ fitness. A relapse only becomes a determining factor if it endangers the child’s health, safety, or emotional well-being. If a parent recovering from addiction shows consistent progress and stability, courts are generally inclined to grant increased involvement, progressively expanding parenting time.
For more information, please don’t hesitate to contact an attorney at Arndt & Sutak, LLC. We are prepared to help you collect persuasive evidence and represent your interests during court hearings.
