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Substance Abuse & Child Custody in NJ Divorce Cases

Substance abuse can have a particularly significant impact in child custody proceedings.

In New Jersey, substance abuse can play a critical role in determining custody arrangements in divorce and separation cases.

Under New Jersey law, the best interests of the child are paramount in custody proceedings.

When determining custody, the court considers many factors, including the child's safety and well-being.

Substance abuse can significantly impact a parent's ability to provide a safe and stable environment for their child.

Therefore, it is a crucial consideration for the court when making custody determinations.

If substance abuse is an issue in a custody case, the court may order a drug or alcohol evaluation of the parent in question.

The evaluation will assess the parent's substance abuse history, current usage, and the extent to which substance abuse may affect the parent's ability to provide proper care for the child.

The results of the evaluation can be used as evidence in custody proceedings.

In extreme cases, a parent's substance abuse may result in the loss of custody altogether.

If a parent is unable to provide a safe environment for their child due to substance abuse, the court may award custody to the other parent, a relative, or a third party.

The court may order supervised visitation or other arrangements that allow the parent to maintain a relationship with their child while addressing any substance abuse issues.

In cases where both parents have a history of substance abuse, the court may order drug testing and other safeguards to ensure the child's safety.

The court may also require parents to participate in substance abuse treatment programs as a condition of custody or visitation.

Overall, substance abuse can have significant implications for child custody in New Jersey.

Parents who are struggling with substance abuse issues should seek treatment and support to address their addiction and provide the best possible environment for their child.

Seeking legal guidance and representation from a qualified attorney can also be critical in navigating the complexities of custody proceedings involving substance abuse.

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Steven J. Kaplan, Esq.

Specializing In Divorce
Throughout New Jersey

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