Weinman & Associates
Family Law Answers Now: 512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Rachel Messer
    • Miguel Castillo
    • Jason M. Bailey
    • Tracy Todd
    • Melissa Kocian
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact
Weinman & Associates
512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Rachel Messer
    • Miguel Castillo
    • Jason M. Bailey
    • Tracy Todd
    • Melissa Kocian
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact

Practicing Family Law With Heart For More Than 30 Years

  1. Home
  2.  » 
  3. Child Custody
  4.  » 
  5. Why a custody battle with a spouse in recovery may not be wise

Why a custody battle with a spouse in recovery may not be wise

On Behalf of Weinman & Associates, P.C. | Nov 19, 2019 | Child Custody

If you’re divorcing a spouse who has had alcohol and/or drug abuse issues and the two of you have children, it’s only natural that your concern for their safety and well-being is paramount. You may have determined that you want full custody of the kids — particularly if your co-parent is still struggling with substance abuse or maybe doesn’t believe that they have a problem. Even if your co-parent is in recovery, you may be concerned about a relapse.

Certainly, if your co-parent’s substance abuse issues have caused them to harm or neglect your children or abuse them physically, verbally or emotionally, you may have a valid case for seeking sole custody for yourself with supervised visits only for your co-parent.

However, what if they’ve gotten sober and are committed to recovery? It’s worth considering whether you really want to go through a custody battle.

Researchers have found that children whose parents have a high-conflict divorce experience some of the same emotional issues as children who are abused or neglected. These include sleep disorders, anxiety and depression. Some develop problems like attachment disorders that can stay with them and impact their own relationships well into adulthood.

Further, a custody decision made by a judge may leave one or both parties feeling angry and resentful. That’s not going to help someone who’s already struggling with addiction. It certainly isn’t good for the kids if they sense continued anger between their parents.

If you and your spouse are able to work out a custody arrangement on your own, with the help of your attorneys, you will likely be more satisfied. To achieve these results, you may want to consider mediation. If you’re concerned about your co-parent’s use of alcohol, there are remote alcohol monitoring systems that can help ensure that a parent is not drinking, either by random testing or testing during their parenting time.

Each situation is unique. Whether you’re divorcing someone with a substance abuse issue or you’re concerned about losing custody of your children due to your own use of alcohol and/or drugs, it’s essential to discuss the situation honestly with your attorney. Together, you can then work toward seeking and what’s best for your children.

Recent Posts

  • What constitutes interfering with child custody in Texas?
  • Divorcing a spouse who lives in Mexico
  • Top 7 Things To Know Before Getting A Prenup in Texas
  • What are the fiscal implications of a legal separation in Texas?
  • Are marriages in other countries valid in the United States?

Archives

Categories

RSS Feed

Subscribe To This Blog's Feed

Talk To Us About Your Family Law Case

To schedule a consultation, call 512-472-4040 or send an email by submitting this form.



11734A Schriber Road
Mustang Ridge, TX 78610

Austin, Texas Office



Phone: 512-472-4040

Pay via Law Pay
  • Follow
  • Follow
  • Follow
Review the Firm

© 2025 Weinman & Associates, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw