Compassion, Confidence And Communication

My ex has a substance abuse problem – can I modify our custody agreement?

by | Oct 24, 2024 | Child Custody

Substance abuse can seriously complicate child custody arrangements. If your ex-spouse suffers from a drug or alcohol problem, it could jeopardize things with your child. As a result, you might need to change your existing custody agreement.

Minnesota courts always prioritize the child’s best interests in these cases. Although this situation can be overwhelming, knowing your options can help you protect your child.

The risks to children

A parent’s substance abuse can create serious problems for kids. These issues might not jump out right away, but they can affect a child for years to come. For example:

  • Safety: A parent under the influence might make poor choices that put a child in danger.
  • Emotions: Kids can feel anxious or stressed when a parent’s behavior is unpredictable.  
  • School: Children may struggle in class without proper support at home.
  • Friends: An unstable home life can make it hard for kids to build social skills.
  • Health: Being around drugs or alcohol could put a child’s health at risk.

Knowing these risks can help you decide if it’s time to change your custody arrangement. If you worry about your child’s safety or well-being because of your ex’s substance use, you might need to take action.

Changing your custody agreement

If you think your child faces risks, you may need to modify your custody agreement. This process can be tricky, but knowing your options will help you navigate it.

  • Keep records: Save any proof of the problem, like doctor’s notes or statements from witnesses
  • Talk to a lawyer: Get legal advice about your rights and what you can do
  • Ask for changes: File paperwork with the court to request a new custody arrangement
  • Act fast if needed: In dangerous situations, you might need to ask for an emergency order

Changing custody isn’t easy, but sometimes it’s necessary to keep your child safe. By taking steps to address possible risks to your child, you can help ensure your child stays safe and healthy. Don’t hesitate to seek legal help to guide you through this process.