Drug Lawyer in Salt Lake City, UT
Being married to someone battling drugs or alcohol addiction comes with many emotions. In one scenario, you know who they used to be and do not want to give up on them. However, standing by them can be detrimental to your safety and well-being. Especially if they refuse to seek treatment, and begin to slip into a life of crime.
Addiction doesn’t just slowly destroy the life of the addict, it also takes a toll on the lives of those around them. Often times, as much as you want the individual you fell in love with back, there comes a time when you need to be realistic about saving yourself from the perils of their addiction.
If your spouse is stuck in a cycle and refusing to get help, it can often be the end of your marriage. This is a painful realization, but the experienced family law attorney’s at our firm can guide you through the process.
Don’t navigate your divorce alone, let us help ensure you have what you need to thrive in your next chapter. Schedule your free 30 minute consultation today!
Keeping Your Children Safe From An Addicted Spouse
If you have children, your biggest priority is keeping them safe. When your spouse is addicted to drugs or alcohol, he or she may engage in verbal abuse or even physical abuse. Individuals who are using drugs are often unable to control themselves and become violent, or they may drive while they are still high with your kids in the vehicle, putting your kids in danger. They could steal your money and not provide your children safety, food, and shelter when your children are with them.
There are certain safeguards you can set up to help keep your children safe. These safeguards often include trying to remove parenting time when the parent is found to be high or drunk. You can also request that your co-parent only see your children under supervised visitation. Random alcohol and drug testing, usually through urinalysis, is also a condition that you can petition the court to impose for visitation. Finally, the court may require your co-parent to undergo specialized addiction treatment before he or she can see your children.
In many cases, if your co-parent’s addiction is so severe that he or she needs treatment, there will need to be a monitoring system in place. Taking your co-parent at his or her word about staying on the straight and narrow will not be effective. You will need a monitoring system to ensure your co-parent is staying off drugs and alcohol, and the court can impose these restraints. In our experience, when courts order random urinalysis tests, it is one of the best ways to ensure that your co-parent is not putting your kids’ safety in jeopardy by getting high or drunk around them.
Incorporating These Safety Measures Into Your Utah Divorce Decree
There are several different ways we can incorporate these safety measures into your Utah divorce decree. Here are some examples of the language we can use in your divorce decree to address alcoholism and drug addiction.
“X must not use any type of legal drugs or misuse alcohol or prescription medication while the minor children are in his or her care. If a party has a reasonable belief that the other party is using drugs, drunk, or misusing prescription medication, that party has a right to withhold parenting time. X should not allow any third parties to use alcohol or drugs in the presence of the minor children.”
“When a party has a reasonable suspicion that X is using drugs, the party may request that X take a urinalysis drug test. X must complete the urinalysis test within 24 hours of the request. X must pay for the upfront cost of the urinalysis. Should the urinalysis tests come back negative, or if X refuses to take the test within 24 hours of the request for any reason, the parenting time of X must be supervised by a mutually agreed-upon third party until a court order on the matter.”
These are just a few examples of the types of clauses we can incorporate into your divorce decree to protect your children. At Read Law, we can tailor the language in your divorce to address your unique situation. We understand that every addiction is different and every family situation is unique. We will help you incorporate a clause into your divorce decree that keeps your children safe from the negative consequences of your co-parent’s addiction.
Do Not Ignore Your Spouse’s Addition in the Divorce Process
Dealing with addiction can be overwhelming and stressful. We understand that sometimes it is easier to ignore the problem or not discuss it, especially in front of strangers during the divorce process. There is also a tendency for people to want to play nice when one person going through the divorce has an addiction to drugs or alcohol. Unfortunately, playing nice often means letting the addiction slide and doing nothing about it.
At Read Law, We value acting civilly toward everyone involved in the divorce process. Nonetheless, when it comes to addiction and children’s safety, doing nothing simply is not an option. Addressing the drug addiction or alcoholism of your spouse is crucial. Doing so is not mean-spirited, and it does not mean you are not playing fairly. Instead, you are taking action to face a complex problem and ensure that your soon-to-be ex-spouse gets the help he or she needs. Ensuring your children’s safety is paramount, and we can help you protect them through a well-written divorce decree.
Getting Child Custody and Visitation Back
Are you a parent who was addicted to alcohol or drugs but who has made considerable improvements in your life? If so, you may be wondering how you can go about getting child custody and visitation back. Many Utah residents who struggle with addiction lose the rights to see their children or are only allowed to have minimum visitation rights. If you have found yourself in the situation, the Utah divorce lawyers at Read Law can help you implement a plan to regain your parental rights.
These types of plans take significant time and work on the part of the person addicted to drugs or alcohol. You will need to have some give and take with your co-parent, who may not trust you because of the actions you have taken in the past. Depending on the length and severity of your alcohol or drug addiction, you may need to volunteer to undergo a daily chemical test that proves you are sober, therapy sessions, inpatient or outpatient treatment, or group counseling.
Complying with the plan that you set up will be mandatory, and you must do it if you would like a chance to get back with your children. When you comply with a plan set in place, you will be able to show the family court judge that you were committed to your children first and foremost, and the judge will be more likely to allow you to see your children again. If you are interested in setting up a plan to regain visitation, the divorce lawyers at Read Law are here to help you. Contact us today to schedule your initial consultation.