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RobertJDFL
RobertJDFL, Lawyer
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WILL YOU PLEASE EXPLAIN HOW ADDICTION INTERFERES WITH CHILD

Resolved Question:

WILL YOU PLEASE EXPLAIN HOW ADDICTION INTERFERES WITH CHILD CUSTODY?
Submitted: 3 years ago.
Category: Family Law
Expert:  RobertJDFL replied 3 years ago.

Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.

I'm not exactly sure what you mean by "interferes" with child custody. I can tell you that when a court is deciding issues of child custody, the standard they use is always what is in the best interest of the child. In doing so, they look at a number of factors, including which parent is best able to care for the child. A parent who has an addiction can obviously present a safety risk to the child. Therefore, a court can limit, supervise or even cut off a parent's rights to custody or visitation. The court can also impose a requirement that a parent go to substance abuse counseling and/or drug/alcohol testing to ensure a parent is not addicted to anything before granting contact with the child.

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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10286
Experience: Experienced in multiple areas of the law.
RobertJDFL and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Okay. Basically, my wife makes these threats about addiction but I would be happy to provide drug testing just to protect our son. I own a successful business that she will be trying to take out but I shouldn't be too concerned if she had actually been charged with a false police/ 911 call during our marriage for domestic violence. I recorded it so as the police looked at my knuckles I simply said press play and you will have no questions. However, there is some truth to what she says which is why I wanted to ask. I possibly could have abused Adderall in my efforts to build and grow the company but can't stop willingly tomorrow. Would I have a window to be able to show that I am not taking the medication or would it just start on the first day of the divorce? That's her only card to play as I pay every bill, house, etc and she stays at home. I recently saw that she actually called in about a short sale. Unreal. Successful company yes. Successful relationship - not looking good. I just live my son and would make sure he is more than protected.
Expert:  RobertJDFL replied 3 years ago.

It's not enough that you're taking the medication -she would have to be able to show that your addiction is affecting the car of the child in some manner. If you aren't a threat or danger to the child while on the medication (in comparison to say, an alcoholic who might get behind the wheel and drive with their child in the car), she has a much harder argument to make that your addiction somehow makes you less trustworthy as a parent.

 

The court isn't going to rule on the issue of custody and visitation the moment she files for divorce -that issue won't be decided until the divorce is finalized, so you have time to do what you need to do if you are getting off the medication. That said, she could file for temporary custody once she files for divorce, but even if she did so, she would still have to demonstrate how your addiction, if that is what she is arguing, makes you unfit, and there would be a hearing in front of the judge where the judge would hear from both of you before making a decision.

RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10286
Experience: Experienced in multiple areas of the law.
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Customer: replied 3 years ago.
Thanks so much and I have one more question. Can you go to jail if you had a few different prescriptions of the same medicine but from different doctors?
Expert:  RobertJDFL replied 3 years ago.

Not in Texas, no. Texas does not, as of yet, have any laws against "doctor shopping", though there does seem to be a movement going to try and get legislation enacted. Many states do make it a criminal act to get a controlled substance from multiple doctors, but Texas is not among them yet. A dcotor may also refuse to give you the prescription if they feel you don't need it.

 

While it's not illegal, having the same prescription from multiple doctors is strong evidence that you may be abusing the medication, and it's something your spouse would be sure to use against you in court. It sounds like you recognize your taking of the medication is an issue and are looking at ways to correct the situation, though.

RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10286
Experience: Experienced in multiple areas of the law.
RobertJDFL and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
How can I get the most reputable and the most successful lawyer for child custody where the mother has temporary restraining order and is fighting for full custody. This is bs and she has so many lies that I can disprove with hard evidence. I want to bring in the big guns and somehow shut her down immediately bc there is no way I won't have access to my son. I live in Austin tx. Please help me because my son is at risk here. $ isn't an issue either
Expert:  RobertJDFL replied 2 years ago.

While I am not permitted to recommend a specific attorney or firm, finding an attorney is often a matter of consulting with several and asking specific questions and finding one that you are comfortable with. A good way to do this is by asking family, friends, co-workers, etc. for recommendations.

 

You might also look into meeting with a board certified attorney. Only about 7,000 lawyers in Texas (out of over 70,000) are board certified, which indicates substantial, relevant experience in a specific area of law. They are allowed to hold themselves out as "specialists." Becoming board certified often requires years of practice in the field, the handling of a certain number of cases, and testing to become certified. While a person could become board certified after 5 years of practice and 3 years within one area of law, typically, board certified attorneys have been practicing far longer. In other words, these lawyers are often at the top of their profession.

 

To find a board certified lawyer in Texas, go here.

RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10286
Experience: Experienced in multiple areas of the law.
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