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Does Substance Abuse Have an Impact on Child Custody Decisions in NJ?

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For parents, the most important thing is raising the child and ensuring their child’s well-being is preserved. Unfortunately, when couples get divorced, this often isn’t easy, especially when they share custody of the child and their child spends a significant time away from them each week. That said, if you suspect that your ex-spouse poses a danger to your child in some way, such as by having a substance abuse issue, you may qualify for a modification to your child custody agreement. Please continue reading and reach out to our knowledgeable Union County child custody attorneys to learn more about how custody works, whether you qualify for a modification, and how our legal team can help you through each step of the process ahead. Here are some of the questions you may have:

Can I get custody of my child if my ex has a substance abuse issue?

In some cases, simply having a substance abuse issue alone won’t be enough to warrant a modification to a child custody agreement. However, if you can prove that your ex’s substance abuse issue prevents your ex from adequately caring for the child, or even places the child in danger, then you should receive a modification. For example, if you can demonstrate that your ex has gotten behind the wheel while under the influence of drugs or alcohol with your child in the car, it should be grounds for a child custody modification. That said, if you are pursuing a modification, it’s always best to do so with the assistance of a dedicated family law attorney who can help guide you through the process and maximize your chances of getting a favorable custody agreement.

What if I used to have a substance abuse issue but don’t anymore?

If you were initially denied custody of your child on the grounds of having a substance abuse issue, but you can prove that you have since fixed the issue by seeking treatment or rehabilitation, you may request a modification to your agreement so you can play a more significant role in your child’s life.

If you have any further questions about child custody modifications in the state of New Jersey, please don’t hesitate to speak with our dedicated Mountainside family law attorneys to learn more about how we can help you.

Contact Our Experienced New Jersey Firm

We are a full-service divorce, family, and real estate law firm in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC today.

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Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

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“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

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“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

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“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –