It is always very upsetting when a spouse is addicted to drugs.  This is especially so when children are involved.  If the parent is cooperative and admits to having a problem then counseling and/or time in a treatment facility may be appropriate.  However, if the parent is not cooperative and not willing to get treatment, other steps may need to be initiated:

  1. ensure that children are not alone with the parent and not in danger
  2. if danger is immediate, file an ex parte order to gain immediate custody
  3. file for Divorce and a Request for Order to address temporary orders for custody & visitation while the Divorce is in progress
  4. request supervised visitation, drug testing or no visitation depending on the specific danger to the children

The courts will rule based on what is in the best interest of the children.  Often one parent will be awarded custody of the children while the other parent will have a range of visitation options depending on the severity of the situation.

Legal Action Workshop has more than 35 years’ experience in affordable flat fee Divorce and Child Custody matters.  For legal help please call us at 1-800-HELP-444 (1-800-435-7444) or visit .

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