Approximately 1 in 8 children live with a parent who has a substance use disorder (SUD), a medical condition that is often characterized by the untrollable use of a substance despite the negative consequences, according to the National Center on Substance Abuse and Child Welfare. A parent’s substance abuse issues can impact their ability to provide the care and support their child needs. If you are struggling with addiction and your custody rights have been revoked, it’s crucial to understand your legal options. Please continue reading as we explore whether you can regain custody after recovering from addiction in Massachusetts, and how a compassionate Bristol County Child Custody Lawyer can help preserve your family bonds. 

Can a Parent Who Recovered from Addiction Regain Custody in MA?

A parent’s dedicated journey through recovery is a pivotal factor in their pursuit of regaining custody or visitation rights. The primary objective of courts and Child Protective Services is to safeguard the child’s welfare. When a parent exhibits significant strides in their recovery, it reassures these parties that the dangers linked to addiction, such as neglect or exposure to illicit substances and unsafe surroundings, are substantially diminished.

Evidence of a parent’s resolve to change includes successfully finishing a rehabilitation program, maintaining continuous sobriety as verified by drug tests, and actively engaging in counseling or support groups. Through their commitment to sobriety, parents can refine their parenting abilities and cultivate a secure home environment. These improvements are all critical elements carefully evaluated during custody proceedings in Massachusetts.

Ultimately, a sustained and genuine commitment to recovery can strengthen a parent’s petition for the reinstatement of their custodial rights.

What Steps Should I Take to Begin the Custody Reinstatement Process?

Regaining custody of your children in Massachusetts after overcoming addiction is difficult but achievable. To initiate the process, you must file a motion for modification with the same court that issued the original custody order. You should include supporting documentation of your sustained sobriety and stability, such as clean drug screens, therapy attendance, and employment verification.

The court must have substantial evidence that your circumstances have significantly improved since the original order was issued, such as completion of treatment programs, obtaining a stable job, and maintaining consistent visitation. The court will examine the following factors when determining whether modifying a custody arrangement is in the child’s best interest:

  • Length of sobriety
  • Living situation
  • Employment and financial responsibility
  • Ongoing participation in recovery programs
  • The child’s current relationship with both parents
  • Acknowledgement and understanding (how their substance abuse affected their child, and commitment to preventing it from happening again)

As you can see, if you can demonstrate a commitment to your recovery and your child’s well-being, you can maximize your chances of the court reinstating your custody rights. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help protect your parenting time. Connect with our firm today to schedule a consultation.