A recent study showed that approximately 50 million Americans experienced a substance abuse issue in the past year. Taking this into consideration, it’s no surprise that substance abuse issues can lead to divorce. Whether you are divorcing someone with a substance abuse problem or you are that person, it’s essential to understand how it can affect your divorce in Tennessee.
Substance abuse not only affects the person with an addiction, but it can also have severe implications in divorce proceedings. This article will discuss the effects of substance abuse on a Tennessee divorce.
Is Substance Abuse Grounds for Divorce in Tennessee?
Tennessee recognizes both no-fault and fault-based grounds for divorce. Substance abuse is one of the fault-based reasons for divorce.
When claiming substance abuse as a ground for ending your marriage, you will have to prove it in court. You can do this using photos, videos, arrest records, or other evidence that can prove your spouse has a consistent substance abuse problem.
Effects of Substance Abuse on Divorce in Tennessee
Tennessee is an equitable distribution state. In a Tennessee divorce, marital property is divided between both spouses. However, it may not be a perfect 50/50 split. Substance abuse can affect how the courts divide marital property.
If the person with the addiction used marital funds or sold marital assets to pay for their addiction, that could impact property distribution. The court may order the spouse without the substance abuse problem to receive a more significant portion of the marital assets to compensate for the assets used by the other spouse.
The same goes for debt. If the spouse with the substance abuse problem has significant debt due to their addiction, the court may order the spouse with the addiction to be responsible for a more substantial portion of the marital debt.
How Substance Abuse Affects Custody in Tennessee
The thought of losing custody of their child is a parent’s worst nightmare. But when parents struggle with substance abuse, it’s a possibility. Courts take substance abuse very seriously when considering custody of children during a divorce, and understanding the impact this could make on your custody rights is essential.
Best Interest of the Child
Tennessee courts make child custody decisions based on the “best interests of the child.” They take into consideration factors such as:
- Each parent’s ability to perform parenting responsibilities
- The child’s relationship with each parent
- The willingness of parents to follow court-ordered arrangements and parenting plans
- Each parent’s ability to provide the necessities for the child: food, clothing, education, medical care, etc.
- Which parent has been the primary caregiver
- Evidence or a history of physical or emotional abuse
- The parent’s work schedules
- Emotional needs and development of the child
- Preference of a child 12 years or older
- Other factors the court deems relevant
Substance abuse can have a considerable influence on the court’s views of how fit a parent is to take care of their child. Drug use or excessively consuming alcohol can be seen as a danger to the child’s safety and could lead to restricted custody or visitation rights.
Refusing a Court-Ordered Drug Test
Parents can be ordered by the courts to take drug tests during custody cases regardless of the evidence proving substance abuse. When parents refuse to accept a court-ordered drug test, the court could decide that their refusal means they would fail a test if they took it, resulting in reduced custody or visitation. Testing positive could include consequences such as:
- Supervised visits
- Limits on custody
- Restricted parental rights
- Mandatory counseling for substance abuse
It’s important to note that testing positive will not automatically result in the termination of custody. The court will evaluate the entire situation before deciding.
Can You Lose Your Parental Rights Because of Substance Abuse?
Courts never decide to terminate parental rights lightly. There must be convincing evidence that the parent is unfit to lose parental rights because of substance abuse. Some evidence that could lead to the termination of parental rights could include:
- Exposure to substances in utero that harmed the child
- Manufacturing or selling drugs while the child is present
- Giving the child access to illegal drugs or paraphernalia
- Child abuse or neglect while being under the influence
- Exposure to domestic violence or other dangerous situations because of substance abuse
- Leaving the child unsupervised while obtaining or using the person with the addiction’s substance of choice
- Not completing court-ordered rehab or addressing substance abuse issues
- Active addiction that puts the child at risk
The courts don’t automatically see a parent with an addiction as an unfit parent. However, if they choose to continue to put their substance abuse above the needs of their child, it could lead to losing physical and potentially legal custody.
Turn to Hunter Fowler for Reliable Legal Representation For Your Divorce
Substance abuse is a serious issue in Tennessee, and the problems it can cause in a divorce can have severe consequences for not only the spouses but the children involved. It’s important to know that you are not alone and to have the support you need to navigate a divorce with a person with an addiction.
Attorney Hunter Fowler will provide the support you need to navigate this emotional time and will do what it takes to ensure your needs are heard and met during your divorce. Hunter will prioritize the needs of your family and children and help you understand custody laws and how they affect your situation.
Contact us today for a consultation.