Drugs, Alcohol, Smoking, and Child Custody

It is very likely that, if you are going through a divorce and have children, you are in the midst of a child custody battle. It is important to note that your addictive habits could play a very significant role in determining whether or not you are permitted to keep your children or if they will be given to the other spouse for custody.

Substance Abuse & Child Custody

The California courts take addictive habits like smoking, drinking, or drug use seriously. Even individuals with a legal marijuana card may lose their right to custody of the children because of their habit. This is because the California courts believe that children should not be exposed to destructive or unhealthy habits at a young age, as this increases their likelihood to adopt the practice in the future. Instead, the courts will choose a parent with a clean record who does not smoke, does not drink habitually, and avoids all illegal narcotics.

If you are currently a smoker, drug user, or habitual drinker and are fighting for custody of your children, then it is highly recommended that you enroll in a program to help break your addictions. If you put forth a significant effort, then the court may take this into account when deciding child custody and may be more prone to make a choice that works in your favor.

Don't hesitate to contact a hardworking Los Angeles family attorney to help you with your case, as well. A dedicated and compassionate family lawyer may be able to prove your abilities as a parent and show that you deserve to be granted custody of the children that you love.


Don't hesitate to call Claery & Hammond, LLP today for representation in your case! With the right attorney there to help you, you may be able to prove your ability to parent despite records of addiction.


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