Antonioni & Antonioni Law Office Serving Central Massachusetts for 58 Years
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Substance abuse and child custody cases

When initiating a divorce claim, you may experience a great deal of fear, pain and loss when facing separation from a spouse with drug or alcohol abuse problems. In particular, while their substance abuse issues may have merit in pursuing grounds for divorce, they may also have an effect on custody cases involving any children you had together. You may be afraid to leave your child with your former spouse in the case of joint custody, even temporary joint custody while trial proceedings take place. Here at the law office of Antonioni and Antonioni, we understand the difficulties, stress, and fear inherent in trying to protect your child while ensuring a successful divorce case.

Under Section 31 of Massachusetts divorce law, divorce courts do take into account any substance abuse involved on the part of both parents, both past and current. A prior history of drug or alcohol abuse or a current habit can have a significant impact on a judge's decision regarding both temporary custody prior to hearings and final custody agreements once the divorce is finalized. If one parent is considered a danger due to substance abuse and the habits surrounding it, they may be deemed a threat to the child(ren) and could be denied custody on those grounds.

It is completely understandable that you prioritize your children's health, safety and well-being in your divorce. You deserve to be educated on the situations you will face in your divorce proceedings, and the matters you must take under consideration to protect your children. For more informational resources on child custody and divorce proceedings, please visit our website and blog.

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