A spouse with a drug problem, whether marijuana, cocaine, meth, prescription drugs, or anything else, can cause significant problems in a marriage and such addictions are often the cause of divorce or other family law related problems. The issues get even more problematic when children are involved. The courts are typically not friendly to parents with drug problems. There are few cases over the years which have demonstrated that fact and provide some guiding principles on what kind of orders may result when a parent is involved in a drug problem. Some of the cases presented below may be outdated, so these are provided as general information and should not be relied upon. You should consult with a Salt Lake Family Law Attorney at Salcido Law Firm prior to making any decisions regarding these matters or relying on this information in any way.
Here is just a snippet of what the courts in Utah have said regarding drug issues in family law matters (the case citations are not provided):
- Use of methamphetamines is totally and completely inconsistent with responsible parenting and it is therefore evidence of a parent’s neglect and unfitness. Trial court may reasonably infer that children’s exposure to mothers ongoing drug use renders her unable to care for her children.
- Children are entitled to the care of an adult who cares enough to provide the child with the opportunity to have the physical necessities of life and an unfit or incompetent parent is one who “substantially and repeatedly refuses or fails to render proper parental care and protection.”
- Court could assume father was still using drugs when there was no competent evidence that he had stopped.
- Finding of unfitness supported by parent’s “habitual use of dangerous drugs” that render the parent unable to care for the child.
Utah Divorce Attorney
A Utah Divorce Attorney at our firm will provide you with a free consultation right over the phone to help you determine what the best steps are to protect you and your children if you are currently married to a drug addicted individual. Additionally, if you are being accused of a drug problem in a divorce and it is affecting your parental rights, we can also help. All parties are entitled to an attorney and can benefit from sound legal advice. Do not delay this any longer, call or contact us now for the information you need.
