When couples go through a divorce in Des Moines or anywhere in Iowa, several important factors must be addressed before reaching a final agreement. If one parent struggles with drug or alcohol dependency, the situation can become significantly more complicated—especially in child custody disputes.
At Feitelson Law Firm, our experienced attorneys have represented both sides:
- Parents seeking to protect their children from a spouse with substance abuse issues.
- Parents who have committed to their recovery and want to rebuild their relationships with their children.
Both parents must understand where Iowa family courts stand on these matters. Knowing the laws and how they apply to child custody decisions can help set realistic expectations and prioritize the children’s best interests.
How Iowa Family Courts Handle Drug and Alcohol Dependency in Custody Cases
If one parent struggles with substance abuse, the primary concern is the safety and well-being of the child. Courts assess whether the child is being exposed to addiction-related behaviors or if there is a risk of harm, including:
- Direct exposure to drugs or alcohol.
- Lack of proper supervision due to impairment.
- Transportation concerns, such as driving under the influence.
Not all substance abuse problems are easily detectable. Some individuals are skilled at concealing their addiction. However, if allegations of drug or alcohol abuse arise during divorce proceedings, the court is required to investigate the claims and determine their legitimacy.
If your former spouse has a substance dependency issue, you have legal options when negotiating child custody. Judges in Des Moines take child safety seriously and recognize the potential harm caused by a parent’s addiction.
How the Court May Restrict Custody & Visitation for a Parent with Substance Abuse Issues
Iowa family courts, including those in Polk County and surrounding areas, can impose several restrictions or limitations on a parent’s custody rights, visitation, and access to their child, including:
- Mandatory Substance Abuse Treatment & Testing – A parent may be required to complete a rehabilitation program and undergo drug testing before being granted visitation rights.
- Alcohol Monitoring – A parent with a history of alcohol abuse may be required to abstain from drinking and use an alcohol monitoring system as a condition of custody or visitation.
- Supervised Visitation – Visits may be supervised by a third party to ensure the child’s safety.
However, parents who demonstrate a genuine commitment to sobriety may be granted increased visitation over time. Courts often require substantial proof of recovery, such as:
- Rehabilitation completion certificates.
- Testimony from medical professionals or therapists.
- Evidence of ongoing participation in support or maintenance programs.
Only after a consistent track record of sobriety will the court consider modifying custody agreements to expand parental rights.
Child Custody Cases in Des Moines & Polk County
As Iowa’s capital and largest city, Des Moines has a growing population and a busy family court system handling numerous custody disputes each year. Whether you are involved in a custody case in Polk County, Dallas County, or the surrounding areas, it is essential to have an experienced legal advocate on your side.
At our firm, we understand the complexities of substance abuse custody cases. We are committed to helping parents in Des Moines and throughout Iowa protect their rights and their children’s best interests.
Protect Your Parental Rights – We Can Help
If you have struggled with substance abuse and are seeking to restore your custody rights, our firm can guide you through the legal process. Likewise, if you are facing false allegations of addiction in a custody battle, we will aggressively defend your rights and ensure the court receives accurate information.
Contact Us for Experienced Family Law Representation
Our skilled Des Moines child custody attorneys at Feitelson Law Firm are here to help you navigate the complexities of child custody cases involving substance abuse. Call us today at (515) 267-1265 to schedule a consultation and learn how we can protect your rights and your child’s well-being.
