Parenting Plans When One Parent Suffers from Substance Use Disorder
Addiction Awareness Month, observed in September in the United States, is a time dedicated to raising awareness and understanding of substance use disorders. This observance aims to reduce stigma, educate communities, and provide support to individuals and families affected by addiction. By dedicating a month to awareness, we can work together to address the challenges associated with substance use disorders.
One of the most important decisions parents face is choosing the process to resolve questions about how their children will be cared for. Twenty years ago, most parents felt that their only option was to proceed through litigation, where they would be represented by lawyers and argue substance use issues in court. A judge would then decide how the family would address the disorder to provide recommendations.
Fortunately, we now have two alternative processes to help families address these disputes: Mediation and Collaborative Law. Both approaches can offer more individualized, tailored, and therapeutic ways to address substance use disorders for parents addressing the disputes through legal processes.
In the collaborative process, both parties have attorneys who work as a team, often involving a child specialist, to make decisions regarding the parenting plan. All concerns and options are considered, regardless of how the law may typically approach them. Instead of one parent trying to prove the other is unfit, the two lawyers work together with the parents to create a parenting plan that is in the children's best interest. I have found it helpful to include a child expert as part of the collaborative team in cases where one parent is concerned about the other's substance use disorder. The child expert, a neutral mental health professional, provides opinions on what is best for the child. In litigation, a neutral, usually a lawyer acting as a guardian ad litem, assembles information and makes recommendations for the judge to decide. In the collaborative process, the parents work directly with the child specialist and their lawyers to make informed decisions that enhance their ability to be good parents.
In mediation, the parties work with a neutral mediator who helps them craft a plan tailored to their needs. Mediation can be particularly effective in custody matters when a parent has a history of substance use. However, the mediator should be skilled in addressing power imbalances and knowledgeable about substance use disorder and the recovery process. In my experience, I often recommend that the parties consult with a child specialist to provide expertise in addressing the children's needs.
If you have concerns about your child’s safety during custodial time, we will meet with you during a free consultation to discuss your options to secure the best relationships. Schedule your free meeting online today.