Dedicated Attorneys Handling Substance Abuse Issues in Carlsbad Child Custody Cases
A California law firm with a psychology and family counseling background
When making custody and visitation decisions, California courts consider what is in the children's best interest. Usually, the answer to that question includes spending substantial time and establishing close relationships with both parents. However, substance abuse can hinder a parent's ability to provide the level of supervision and affection necessary to ensure the children's safety and well-being. For this reason, evidence of a parent's drug or alcohol abuse is a persuasive factor in the court's ruling on a parenting plan.
Silverman & Silverman, Attorneys at Law was founded in 1993 to guide California clients in all aspects of divorce, custody and family law. Prior to becoming an attorney, Alan Silverman had a successful career as a psychologist and family counselor. In those roles, he worked closely with families to help them overcome complex psychological, mental health and substance abuse issues. This experience gives him valuable insight into custody disputes involving mental illness, or alcohol or drug dependency.
Drug and alcohol testing and evaluation laws in California
California Family Code §3041.5 permits courts to order drug and alcohol testing of parents as a condition of visitation or child custody in San Diego in some circumstances. The court must have evidence that the parent engages in habitual, frequent or continual illegal use of drugs or alcohol. The statute specifically states that evidence may include a drug conviction within the last five years, although the law does not limit the presentation of other evidence.
If appropriate in your case, our family lawyers help you prove that the other parent has a drug or alcohol dependency, and we ask the court to award you custody and require testing as a condition of visitation.
How drug and alcohol dependency affect child custody and visitation rights
Alcohol and drug dependency are often responsible for conditions that are harmful to children, such as domestic violence, parental alienation, and child abandonment and neglect. Our law firm addresses these difficult child custody issues, in addition to the fundamental problem of substance abuse. We advocate for supervised visitation to protect your children and, in the most serious cases, seek no-contact orders if you or your children are in danger. Please see our Frequently Asked Questions section for more information about this issue.
Consult with our Carlsbad attorneys about obtaining sole custody due to substance abuse
To understand how alcohol and drug abuse affect a child custody ruling, call Silverman & Silverman, Attorneys at Law at 760.512.3251 or 415.906.4142 or contact us online to schedule your free initial phone consultation. Sunday appointments are available.
From our law office in Carlsbad, we serve clients in Oceanside, La Jolla, Vista, Encinitas, Escondido, Rancho Santa Fe and throughout the San Diego area.