The Love DuCote Law Firm LLC Legal Blog

Child custody and parental substance abuse

In many Texas divorce cases, spouses who have children become entangled in court battles when one spouse accuses the other of being an unfit parent. In such cases, the judge overseeing the case would expect the parent who is making the accusation to provide evidence to substantiate the claim. A top priority in all child custody cases is, of course, the children’s well-being.

A recent incident occurred in another state where child custody issues were a central focus. Police were called to a scene where a woman appeared to in a confrontation with several other people regarding an 18-month-old child. The woman claimed that she was the custodial parent of the child, but the father was refusing to transfer custody. A woman who was holding the child when police arrived said the father had removed the toddler from the mother’s vehicle when the mother showed signs of drug impairment.

The person holding the child also said the child’s mother had struck her in the face and head while screaming and using profanities at her and the child’s father. She told police that the father was merely trying to keep the child safe. Police stated that they also noticed fresh damage on the child’s mother’s vehicle and that the mother later admitted to intentionally crashing her car into the other woman’s vehicle.

The child’s mother was ultimately arrested and her driver’s license suspended and seized. Temporary child custody was granted to the woman who had been holding the child when police arrived. An investigation of the case remains ongoing at this time. This case serves as an example of the complex issues that can arise when a Texas parent accuses the other of having a substance abuse problem and exhibiting behavior that is placing a child at risk.

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