Divorce and Substance Abuse. Unfortunately, more and more, divorce and substance abuse go hand in hand. There are many times where one party may have a substance abuse issue that causes or contributes to a divorce. In those instances, that substance abuse may have to be dealt within the terms of the divorce, especially if there are past instances of domestic violence or if there are children involved. If there are children involved, the court may determine that a risk assessment is necessary to determine if the children should be exposed to the other party in a non-supervised setting or not. In addition, going forward a party may choose to have a best interest analysis done so that an expert may determine what is in the best interest of the children as regards custody and parenting time. Generally, the Court will go forward with the recommendations of an expert, or, a plenary hearing may be ordered where the parties give their testimony and the expert testifies as well, before the Court makes a recommendation as to custody and parenting time for the parties.
Jan 20, 2016 @ 02:37 PM — by Michael Green