How Is Child Custody Determined in Tennessee?

One of the issues a court must settle during a divorce is child custody if the divorcing couple has minor children. The law requires judges to make child custody determinations based on the child’s best interests, a principle that calls for the consideration of several crucial factors. Family law attorneys in Sumner County mention the following as essential elements:

• The nature and strength of the child’s relationship with each parent
• The ability of each parent to perform their parenting responsibilities while encouraging the child to maintain a strong bond with the other parent
• The emotional, physical, moral, and mental needs and developmental level of the child
• The emotional, moral, and mental fitness of each parent in parenting
• Each parent’s ability to provide the child with their physical, emotional, and healthcare needs
• The willingness of each parent to adhere to the court-ordered parenting plan and visitation schedule
• The child’s stability in the current community and ability to adapt to a new environment in case of a relocation
• The employment schedule of each parent
• The parent who has been the primary caregiver
• The character and behavior of other people residing or frequently visiting a respective parent’s home
• Evidence of emotional or physical abuse by either parent to the child or the other parent
• Other factors deemed necessary by the court

If substance abuse by either parent arises as a matter of concern during child custody determination, it can significantly affect the case outcome. Excessive alcohol consumption or drug use can pose a risk to the child’s welfare and safety, potentially leading to restrictions on custody and visitation.

Can a Parent Lose Custody for Substance Abuse?

Child custody lawyers in Sumner County explain that for a parent to lose custody rights, there must be convincing evidence that the parent is unfit. Courts don’t take child custody and parental rights lightly, and the following factors can influence the decision:

• Drug exposure during pregnancy that puts the child at risk of harm
• Manufacturing or selling illicit drugs in the presence of the child
• Giving the child access to illegal drugs or drug paraphernalia
• Excessive drug use and alcohol abuse that causes a parent to neglect or abuse the child
• An ongoing lifestyle of active addition that puts the child at risk of harm
• Constantly leaving the child unattended or unsupervised to use or obtain drugs
• Inability to provide a stable home environment for the child due to addiction
• Not completing court-ordered rehab or failing to make efforts to address substance addiction
• Exposing the child to dangerous conditions related to drug use

Nonetheless, battling addiction doesn’t automatically make a parent legally unfit. There must be a deep-rooted behavioral pattern that makes the parent unable to put the child’s needs first, adversely affecting their development and well-being.

If you’re battling drug and alcohol addiction and are worried that you could lose custody of your child, talk to skilled child custody attorneys in Sumner County. They can provide legal counsel on the options available and how you can fight to uphold your parental rights.

What Evidence Do Tennessee Courts Consider in Substance Abuse Cases?

Since parental substance abuse is a potential ground for limiting custodial rights, courts must thoroughly evaluate various pieces of evidence. This is crucial to determine if the affected parent would endanger the child’s well-being if granted custody. Sources of evidence may include the following:

• Positive drug tests or drug-related criminal records
• Testimony from neighbors, relatives, household members, teachers, or counselors
• Official reports or records from the police or child protection services
• Professional substance abuse evaluations ordered by the court
• Apparent impacts on the parent’s ability to properly care for the child
• Social media posts that show excessive drug use and drinking
• Employment records showing adverse outcomes at work.

What Are the Possible Child Custody Outcomes?

Depending on the strength of the evidence presented, child custody attorneys in Sumner County say that the court can order a range of custody arrangements:

• Temporary placement of the child with a relative or state custody
• Granting supervised visitation until the parent can prove sobriety
• Loss of primary physical custody to the other parent
• Complete termination of custody rights in severe addiction cases, such as abandonment, severe child abuse, or substantial non-compliance with a court-ordered parenting plan.

Courts aim at protecting children in custody battles from potentially unsafe environments caused by a parent’s uncontrolled substance abuse. If you’re dealing with alcohol or drug addiction but wish to fight for your custody rights, consult skilled family law attorneys in Sumner County. They can provide the necessary legal support for a favorable outcome.

Does Drug or Alcohol Rehabilitation Affect Custody?

If you have custody of your child and wish to go into a residential treatment program, you must make arrangements for the care of the child while you’re gone. You can agree with your co-parent to make temporary, informal arrangements if there isn’t an active court case dealing with the issue. Failure to do so puts you at risk of losing custody, even if temporarily.

On the other hand, successful rehabilitation can help regain your visitation or custody rights if you lose them because of substance abuse. You can ask the court to grant more parenting time based on evidence that you’re in stable recovery and ready to safeguard your child’s wellbeing.

A Skilled Child Custody Lawyer Helping You Navigate Substance Abuse Cases

Substance abuse is a significant factor that can alter the outcome of a child custody case. While addiction doesn’t necessarily make you an unfit parent, it can reduce your chances of being granted physical custody as it jeopardizes your child’s welfare. If you’re struggling with addiction and are in the middle of a child custody case, consider working with Sumner County child custody attorneys.

They understand how difficult this moment can be for you as you stare at the risk of losing your parental rights. The team at the Garner Law Firm, PLLC, can help you fight this battle to ensure you can continue having an ongoing relationship with your child. Call us at 615-502-4336 to schedule a case assessment.