Can my spouse see my child if they suffer from substance abuse?

The courts of New Jersey want every child to be able to have a relationship with both of their parents. They do, however, understand that they need to decide what is in the best interests of the children. If one parent has issues with substance abuse, whether it be drugs or alcohol, the courts will likely deem them “unfit” to be the custodial parent. They may grant sole custody to the parent without these issues but also grant visitation rights to the other parent.

The parent who struggles with alcoholism or substance abuse may be required to have supervised visitation sessions with their child to ensure that the child is not put into danger by that parent. The visitations may be supervised by someone who works for the court, such as a court appointed supervisor, or with a responsible member of the family who can attend each visitation session that will ensure the safety of the children. If the visitations require a supervisor that has been appointed by the court,  the visitation sessions will likely take place in the courthouse.

Ultimately, the court will decide what is in the best interest of the child or children. If the parent with substance abuse issues continues to prove that it is dangerous for the child to be around them, the court may revoke their visitation rights until the parents can show that they have sought help and are working to overcome these problems.

If you have questions about your spouse’s rights to visitation sessions with your child or children, you should speak with an experienced family law attorney who can assist you.

If you need an experienced and dedicated attorney to assess your case, guide you through your options, and diligently advocate on your behalf, you should contact The Salvo Law Firm, P.C.