The Love DuCote Law Firm LLC Legal Blog

Substance abuse issue in this child custody case

Rock and roll fans in Texas who are old enough may recall the tragic death of music icon Elvis Presley in 1977. Many Elvis fans continued to follow stories of the lives of his family members, including daughter Lisa Marie Presley. Ms. Presley was recently in the news after resolving child custody litigation with Michael Lockwood, whom she divorced four years ago.

Lockwood and Presley have been in and out of court a number of times since their divorce. Lockwood told the court that he is concerned about the safety of his two children when they are with their mother. Lockwood said that he believes Presley is at great risk for relapsing into substance abuse since losing her son to suicide. He also told the court that his children have made comments about their mother walking around the house while holding a firearm.

The children’s father stated that he believes these issues are just cause for him to obtain sole physical custody of his kids. The court, however, did not agree and subsequently granted joint custody to both parents. The judge overseeing the case said that Presley has worked hard to overcome drug addiction and appears to be maintaining sobriety at this time. The judge also advised Presley and Lockwood to learn how to communicate with each other in a more peaceful manner.

The court stated that the contention between these two parents has negatively affected their children. Many Texas parents can relate to this type of situation, especially in cases where one parent has accused the other of being unfit. A Texas family court judge reviews each case by its own merits and uses state child custody guidelines to help him or her form decisions. A parent making allegations of substance abuse or other issues that pose a detriment to children in a divorce must do more than just state an accusation. He or she must provide evidence to convince the court that such allegations are true.

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