Navigating Child Custody Amid Parental Substance Issues
Let’s talk about drugs and how they come into play in a child custody situation. Hi, my name is Carl Birkhead. I’m a Tulsa family law attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family law for almost eight years now, and I want to help you make law easy by talking about what can happen when the use of drugs, whether legal or illegal, come into play in a child custody situation.
My first instinct when faced with a question like this is to say, “Hey, maybe we shouldn’t.” But in reality, things aren’t always that simple. Medical marijuana is legal, and beyond that, substance use — whether it’s prescription medication, non-prescription drugs, or other controlled substances — comes up in custody cases more often than you’d think. So, what happens when it becomes a problem?
Assessing the Impact of Substance Use on Custody
The first step is assessing the level of risk to the child. Are we dealing with a serious situation where a parent is using dangerous substances and behaving erratically? Or is it something more like a parent taking too many marijuana edibles and zoning out on the couch? Courts tend to treat medical marijuana similarly to alcohol — you can legally use it, but if it impairs your ability to care for your child, that’s where the problem starts.
If a parent’s substance use — legal or illegal — places the child in imminent danger of immediate harm, action needs to be taken. If they are the custodial parent and their behavior creates a serious risk, it may be necessary to file for an emergency custody order to remove the child from that situation and place them with a capable parent.
Deciding on Supervised Visitation
If the situation isn’t an immediate emergency but still raises concerns, the next step is determining how visitation should be handled. Should it be supervised or unsupervised? If supervised, should it be by a professional or a trusted third party? The court will weigh the level of risk before making a decision.
If this is something you’re dealing with, it’s important to take action and explore your options. I’m happy to help you navigate the next steps.
Book a Low-Cost Initial Strategy Session
If you have questions about this, definitely give me a call. My name is Carl Birkhead. I’m a Tulsa child custody attorney with Wirth Law Office, and I want to help you make law easy. Call me at 918-879-1681 to book a low-cost initial strategy session, and we can discuss your concerns and map out a plan for your custody situation.
