Substance abuse allegations can become a powerful weapon in family court, sometimes surfacing even when there is little evidence of a serious issue. How the court handles these claims can have lasting consequences for parents and children, making it necessary to understand the legal and psychological factors involved. In this episode of Children First Family Law, Krista discusses how courts determine whether a parent can provide a safe environment for their child. Using her experience and insights from psychologist and attorney Dr. Stephanie Tabashneck, she examines the processes used to evaluate substance abuse claims. She also reflects on past episodes with guests Cheryl and Mike, who have experienced these challenges from different perspectives.
Children are often more aware of a parent’s substance issues than adults realize, which is why ensuring a safe and stable parenting arrangement is so important. Krista breaks down the tools courts use to assess substance abuse, including risk factors and the 10 diagnostic criteria outlined in the DSM-5. These resources help attorneys and judges make informed decisions about parenting time while keeping the child’s well-being at the center.
In the episode, Krista further elaborates on:
- Krista has worked closely with families facing substance use concerns in family court, relying on expert advice from psychologist and attorney Dr. Stephanie Tabashneck. They emphasize using reliable assessments to balance child safety with fair legal decisions.
- Courts use real-time monitoring tools like Soberlink and BACtrack to ensure sobriety during parenting time. In severe cases, supervised visitation or emergency protective orders may be necessary.
- Judges have to balance safety with individual rights, so they rarely ban legal substances outright. However, children have “Spidey senses” and can detect subtle behavioral shifts when a parent drinks.
- The SASSI test helps courts assess a parent’s potential for substance abuse, identifying patterns of denial or defensiveness. This evaluation provides insight for custody decisions.
- The DSM-5 defines substance use disorders based on 11 criteria, with severity ranging from mild to severe. Courts use these guidelines to distinguish between occasional misuse and more serious addiction issues.
- Courts may recommend education, therapy, or strict monitoring depending on the results. More severe cases may require rehab or intensive outpatient programs to ensure child safety.
Parenting time can be tricky when there are substance abuse issues involved, and this episode outlines how to be well-prepared and establish fair ground rules while supporting the children involved.
If you want to learn more about The Children First Family Law Podcast, check out www.childrenfirstfamilylaw.com/alcohol-drugs-other-addictions-in-child-custody-the-traditional-approach