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2755 Jefferson Street, Suite 205, Carlsbad, California 92008
Free initial phone consultation
CARLSBAD 760.512.3251
SAN FRANCISCO 415.906.4142

Evening & Weekend Appointments Available


Dedicated Attorneys Handling Substance Abuse Issues in 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 the children spending substantial time and establishing close relationships with each 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.

Alan R Silverman can guide clients in all aspects of their litigation: dissolution, custody, and Family Court law. Before studying law, Mr. Silverman had a successful career as a psychologist and Family Court counselor, working closely with families to help them overcome complex psychological, mental-health and substance-abuse issues. His prior professional 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 California family courts to order drug and alcohol testing of parents as a condition of visitation or child custody 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 the other parent’s visitation.

How drug and/or alcohol dependency affects child custody and visitation rights

Alcohol and/or drug dependency are often responsible for conditions harmful to children, such as domestic violence, parental estrangement, and child abandonment and neglect. We address these difficult child- custody issues and 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 CA attorneys about obtaining sole custody due to substance abuse

To understand how alcohol and drug abuse affect a child custody ruling, call Silverman Family Law, APC, at 760-512-3251 or contact us online to schedule your free, initial phone consultation. Sunday appointments are available.

Silverman Family Law, APC, located in Carlsbad, California, serves clients in and around Carlsbad, San Diego, Oceanside, Vista, Escondido, Del Mar, Solana Beach, Rancho Santa Fe, Encinitas, La Jolla, Mira Mesa, Poway, Rancho Bernardo, San Marcos and all North County San Diego.